Oct 152021
 
 October 15, 2021  Posted by  Court, Laws, Surveillance, U.S.

Robert J. Anello and Richard F. Albert write:

Three recent district court decisions exemplify how courts have struggled with the Fourth Amendment questions raised by the intrusive nature of cellphone searches. Cellphones present Fifth Amendment problems too, as discussed in our June 9, 2021, article, “Hey SIRI, Does the Fifth Amendment Protect My Passcode?” As courts continue to grapple with applying constitutional protections to this ubiquitous form of modern technology, criminal defense attorneys should aggressively scrutinize cellphone searches.

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