News & Analysis as of

Cell Phones Law Enforcement

WilmerHale

Outlier or Trend? A Possible Narrowing of the Border Search Exception for Electronic Devices

WilmerHale on

As we wrote in a note back in December 2020, the border search exception to the Fourth Amendment is a powerful investigative tool relied on by law enforcement to gather critical physical and digital evidence because it allows...more

Bradley Arant Boult Cummings LLP

No Unreasonable Searches or Seizures of Electronic Data in Michigan

The most intimate information can be found in the data on our cellphones and laptops, from geo-location data to search history. The level of privacy protections afforded to electronic data and communications have been unclear...more

Foley Hoag LLP - Security, Privacy and the...

Can Law Enforcement Force You To Use Your Finger to Unlock Your Phone?

Can a fingerprint alone provide “testimony” about a person? Earlier this month, a federal court in California said yes. But the court was not engaging in a highly-localized form of palm-reading; rather, the question arose in...more

Robinson+Cole Data Privacy + Security Insider

Judge Rules Biometric Identifiers Can’t Be Used To Unlock Phone

A federal magistrate judge in California has ruled that law enforcement personnel may not require suspects to unlock their phones with biometric identifiers like a fingerprint, iris scan or facial recognition, saying the...more

Patterson Belknap Webb & Tyler LLP

Law Enforcement Permitted To Obtain GPS Location Data Without A Warrant In A Sex Trafficking Investigation

In United States v. Gilliam, 15-387, the Second Circuit (Newman, Winter, Cabranes) held that, under the exigent circumstances present in that case, law enforcement could use cell phone GPS data to locate a suspect without...more

Brooks Pierce

Fourth Circuit Says Law Enforcement Doesn’t Need a Warrant to Figure out Where You Are

Brooks Pierce on

Like many people, Aaron Graham and Eric Jordan carried cell phones around in 2011. Unlike most people, Graham and Jordan were convicted of crimes arising from their participation in a series of armed robberies in that period,...more

Snell & Wilmer

California Updates Privacy Rights with the Electronic Communications Privacy Act

Snell & Wilmer on

Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more

Best Best & Krieger LLP

Law Enforcement in the 21st Century: How The Courts Are Responding

As published in PublicCEO* The world of law enforcement is changing rapidly. In the last few years, technology has advanced by leaps and bounds altering the way police officers do just about everything. New technology...more

King & Spalding

New York Court Uses 1789 All Writs Act To Force Cellphone Company To Assist Law Enforcement Gain Access To Locked Cellphone

King & Spalding on

A New York federal magistrate court has ordered an unnamed cellphone manufacturer to attempt to unlock a password-protected cellphone so that a search warrant may be executed. In early October, the court authorized law...more

Best Best & Krieger LLP

Appellate Court Rules that Recent Decisions Requiring Search Warrant for Forced Blood Draw or to Search Cell Phones Do Not Apply...

Courts hold that officers may rely on law in effect at the time they conduct a search - Overview: The California Court of Appeal recently held, in two separate rulings, that the recent holdings requiring law...more

Goodwin

In Riley, Supreme Court Sets Mobile Device Privacy Expectations

Goodwin on

In a recent decision with significant implications for smart phone users’ privacy expectations, the Supreme Court, in Riley v. California, unanimously rejected the application of the “incident to arrest doctrine” to law...more

Franczek P.C.

U.S. Supreme Court’s Decision Raises Questions About Cell Phone Searches in Schools

Franczek P.C. on

The long-standing test for searching students at school requires that the search must be based on a “reasonable suspicion” that the student violated a school rule or law. A recent criminal decision from the United States...more

McDermott Will & Emery

Supreme Court Prohibits Warrantless Mobile Phone Searches, Underscores Individual Right to Privacy

The Supreme Court of the United States released a unanimous decision last week barring law enforcement from searching the mobile phones of individuals placed under arrest without first obtaining a search warrant or the...more

Nossaman LLP

Supreme Court Rules That Police May Not Search Cell Phones Without A Warrant

Nossaman LLP on

One of the fundamental liberties protected by the Bill of Rights is freedom from unreasonable searches. The Fourth Amendment reflects the concern that “We the People” should not be subjected to intrusive searches of our...more

Foley Hoag LLP - Security, Privacy and the...

In Riley v. California, Supreme Court Rules Police Must Obtain Warrant before Searching Cell Phones

In a unanimous decision issued last week, the Supreme Court ruled that police cannot search the cell phones of arrested individuals without a warrant. In reaching its decision, the Court recognized that there is an immense...more

Bracewell LLP

U.S. Supreme Court: Police Must Obtain Warrant Before Searching Cell Phones

Bracewell LLP on

In a decision that changes the way law enforcement officers collect electronic information, the U.S. Supreme Court ruled in Riley v. California, 573 U.S. ___ (2014), that officers may not search a cell phone incident to a...more

Proskauer - Privacy & Cybersecurity

Landmark Supreme Court Ruling Protects Cell Phones from Warrantless Searches

On June 25, 2014, the Supreme Court unanimously ruled that police must first obtain a warrant before searching the cell phones of arrested individuals, except in “exigent circumstances.” Chief Justice John Roberts authored...more

Moore & Van Allen PLLC

Privacy & Data Security Update: Supreme Court Rules that Warrants are Required for Cell Phone Searches

Moore & Van Allen PLLC on

On June 25th, the Supreme Court brought the Fourth Amendment into the digital age with its ruling in Riley v. California. The case presented the question of whether a warrant was required in order for law enforcement to...more

Fenwick & West LLP

Litigation Alert: Supreme Court Defends Expectation of Privacy In Cell Phone Data

Fenwick & West LLP on

The Supreme Court, in a unanimous decision, limited the ability of law enforcement to search cell phones while making arrests, requiring police to obtain a search warrant before examining the data contained in an arrestee’s...more

Clark Hill PLC

Supreme Court Unanimously Rules That Police Officers Cannot Search the Contents of Cell Phones Incident to Arrest Without...

Clark Hill PLC on

In Riley v. California, the United States Supreme Court unanimously held that the Fourth Amendment prohibits police officers from searching through the data on an arrested suspect's cell phone as an "incident to the arrest"...more

Davis Wright Tremaine LLP

Supreme Court Solidifies Privacy Protections for Cellphone Data by Holding Warrantless Searches Incident to Arrest...

With the present Term nearing its end, the U.S. Supreme Court took a major step forward in unanimously extending individual protections from police intrusion into the realm of digital privacy. In a consolidated decision in...more

McNees Wallace & Nurick LLC

New Jersey to consider allowing police to search cell phones to combat distracted driving

In June of 2013, a New Jersey state senator introduced a bill that would authorize law enforcement officers to temporarily seize and search a motorist's cell phone after an accident to determine if the motorist was distracted...more

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