Category Archives: Cell phones

WA: Cell phone search must be strictly limited to the PC that authorized it

“Modern cell phones are unique devices, capable of storing vast amounts of personal data. To guard against governmental invasion of this information, the Fourth Amendment to the United States Constitution generally requires explicit authorization to search a cell phone through … Continue reading

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NPR.org: Warrant-Proof Encrypted Messages Targeted By Trump Administration

NPR.org: Warrant-Proof Encrypted Messages Targeted By Trump Administration (“‘End-to-end encryption’ has gone mainstream, which means tech companies can’t decrypt messages even when law enforcement has a warrant. The Trump administration says that’s taking privacy too far.”)

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SSRN: Decryption Originalism: The Lessons of Burr

SSRN: Decryption Originalism: The Lessons of Burr by Orin S. Kerr. Abstract:

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MI: Civil discovery must comply with the 4A; here a cell phone search

Civil discovery must comply with the Fourth Amendment. Here, there was an order to turn over a cell phone for forensic evaluation, and it was essentially based on probable cause. Attorney-client privilege must also be protected. Martin v. Martin, 2020 … Continue reading

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Legal Intelligencer: Commentary: Password Protection and the Foregone Conclusion Exception

Legal Intelligencer: Commentary: Password Protection and the Foregone Conclusion Exception by Leonard Deutchman (“In this month’s article, I will review Davis and discuss its reasoning and what the foregone conclusion exception, in the age of computer passwords, tells us about … Continue reading

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The Recorder: Analysis: Why Is the Justice Department Knocking Harder at Apple’s Backdoor?

The Recorder: Analysis: Why Is the Justice Department Knocking Harder at Apple’s Backdoor? by Frank Ready (“Apple once again finds itself in the crosshairs of another encryption debate, but placing constant pressure on the company and other tech giants may … Continue reading

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NJLJ: ‘Private Enclave’? Supreme Court Deciding Whether Cellphone Passcodes Are Protected

NJLJ: ‘Private Enclave’? Supreme Court Deciding Whether Cellphone Passcodes Are Protected by Suzette Parmley (“The case ‘could cause the court to diverge on constitutional amendments’ and have a seminal impact, Justice Barry Albin said during the arguments at the Richard … Continue reading

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ABAJ: Defendant challenges ‘classic dragnet search’ for Google cellphone data within robbery radius

ABAJ: Defendant challenges ‘classic dragnet search’ for Google cellphone data within robbery radius by Debra Cassens Weiss:

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D.Minn.: Search and seizure of cell phone was private search

Three adults worked to get access to defendant’s cell phone because he was sexting a minor. “Moreover, even assuming solely for the sake of argument that Dustin Clark had wrongfully taken Minor A’s phone from Defendant Walsh and Deputy Bennett … Continue reading

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WaPo: How William Barr could make everyone’s iPhone more vulnerable

WaPo: How William Barr could make everyone’s iPhone more vulnerable:

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PA: SW for cell phone extraction executed after expiration was treated as a warrantless search

A search warrant executed on cell phones for extraction of data expired four days before the search. Therefore, the search was warrantless, and the trial court should have suppressed. Commonwealth v. Bowens, 2020 Pa. Super. LEXIS 22 (Jan. 17, 2020). … Continue reading

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NYTimes: Does the F.B.I. Need Apple to Hack Into iPhones?

NYTimes: Does the F.B.I. Need Apple to Hack Into iPhones? By Jack Nicas (“There are tools to crack into the phones at the center of a new dispute over encryption. But the F.BI. says it still needs Apple’s aid.”)

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