Police Search Warrant

News & Analysis as of

Can the Police Look at My Cell Phone Without a Warrant? #CriminalDefenseAttorney

For the past century, the United States Supreme Court has given the police the right to search (without a warrant) a person who has been legally arrested. See Weeks v. United States, 232 U.S. 383, 392 (1914). Unfortunately,...more

Second Circuit Finds Fourth Amendment Violation in Law Enforcement Retention of Computer Files Not Within Scope of Search Warrant

On June 17, 2014, the United States Court of Appeals for the Second Circuit issued a significant Fourth Amendment decision in United States v. Ganias. The decision is premised on the well-established notion that, because of...more

Supreme Court Decides Riley v. California and United States v. Wurie

On June 25, 2014, the Supreme Court of the United States decided Riley v. California, No. 13-132, and United States v. Wurie, No. 13-212, holding that police must generally obtain a warrant before searching a cell phone...more

U.S. Supreme Court Cell Phone Privacy Decision Deserves Employer Attention

In a unanimous decision, the U.S. Supreme Court ruled this week in Riley v. California that police generally may not conduct a warrantless search of digital data stored on the cell phone of someone who has been arrested. The...more

Supreme Court Relies on Reed Smith Brief in Cell Phone Search Cases

The Supreme Court decided Riley v. California and United States v. Wurie yesterday, June 25, and unanimously held that the search incident to arrest doctrine does not allow law enforcement officers to search data on cell...more

Court: Police Need Warrant to Search Phone. But Guess What? They Get to Keep Your Phone While They Get One.

Will cops still get access to cell phone data post arrest? You bet. Today’s Supreme Court decision just means they need to get permission from a judge before they start searching who you have been texting. And odds are very...more

BB&K Police Bulletin: Officers Must Obtain Warrant to Access Data on Arrestee's Mobile Phone Device

Overview: Today, the U.S. Supreme Court held that police officers may not search digital information on a mobile phone device seized from a person who has been arrested without a warrant. In Riley v. California and U.S. v....more

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