Smartphones Fourth Amendment

News & Analysis as of

Ninth Circuit Addresses Probationers’ Cell Phone Searches by Police

The centrality of cell phones to our daily lives, and the wide array of sensitive information those phones may carry, creates a complex and ever-evolving series of issues over the amount of privacy we can expect to be...more

Federal Court Orders Apple to Unlock San Bernardino Gunman’s Phone

Apple must help the FBI unlock an iPhone used by one of the attackers in the San Bernardino, Calif. assault in December, a federal magistrate judge ruled this week. The ruling handed the government an important victory in an...more

Warrantless access to cell phone location data may be heard by the Supreme Court

A number of courts have considered whether the Fourth Amendment requires the government to obtain a warrant to access historical and/or real time cell phone geographic location information, known as CSLI. CSLI is cell site...more

4th Circuit holds that obtaining cellphone location information without a warrant is unconstitutional

We have been watching the warrantless search cases closely. Yesterday, (August 5, 2015), the Fourth Circuit Court of Appeals held that it was unconstitutional when law enforcement used their cell phone location information...more

DANGER – “General” Search Warrants in the Digital Age

If you knew that there was a chance—maybe even a good chance—that a law enforcement officer could gain access to every single text, email, photograph and voice mail on your smartphone, going back years, because you were...more

Can A GPS Result In TMI?

The answer is “yes” – tracking employees by using Global Positioning Systems (GPS) can give an employer too much information (TMI). Surreptitious Surveillance In 2012, the U.S. Supreme Court held (in the case of U.S....more

Circuit Split Brewing Over Government Access to Cell Phone Location Data

A split among the U.S. courts of appeals is taking shape over the threshold requirements for the government’s ability to obtain historical cell phone location data, in the wake of a July 30, 2013, ruling by the U.S. Court of...more

Your dumb smart phone will give you up to the police!

Your smart phone stores everything you expect to keep private, and in many states that information is readily available to the police! And police access to your private information may not even require a warrant. Will your...more

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