September 13th, 2013
If an officer stops your car, sees a cell phone in the back seat and gets your consent to search the phone, does that mean he can also answer your incoming calls, impersonate you and use the callers’ words as evidence against you? Read more..
July 3rd, 2013
Prosecutors are shifting their focus to warrantless cell-tower locational tracking of criminal suspects in the wake of the Supreme Court’s ruling 18 months ago that law enforcement should acquire probable-cause warrants from judges to affix GPS devices to vehicles to … Read more..
June 21st, 2013
With little fanfare, Montana became the first state to require police to obtain a warrant before tracking the location of a suspect in a criminal investigation through his cell phone. Read more..
May 12th, 2013
A federal court in Arizona has denied a motion to suppress evidence gathered by “StingRay” surveillance technology. The court in United States v. Rigmaiden held that investigators did not violate the Fourth Amendment. The court also held that the government’s use of a cell site simulator or StingRay device was supported by a “mobile tracking [...]
May 9th, 2013
A new bill making it legal to unlock your cellphone or other mobile device has arrived in the House of Representatives Read more..
May 3rd, 2013
A cellphone is different from a cigarette pack, the Florida Supreme Court says in a ruling requiring police to get a warrant before searching cellphones seized during an arrest. The ruling deepens the split on the constitutionality of cellphone searches incident to arrest, according to the Volokh.. Read more..
May 2nd, 2013
Florida justices just made it harder for police to seize your cell phone and riffle through the contents. Read more..
April 26th, 2013
Privacy experts and attorneys urged Congress to update laws governing protections for wireless customers’ location data in criminal investigations Thursday, testifying on Capitol Hill that there is confusion among federal courts and other practical difficulties. The House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security is looking to update the Electronic Communications Privacy Act. Read [...]
January 4th, 2011
The 5-4 decision found that police had the authority to search text messages on a phone that was found in the pocket of Gregory Diaz, arrested on suspicion of selling Ecstasy to an informant. (Read the opinion) The Court analogized from cases which allowed for cops to search cigarette packs and clothing found on a [...]