Fourth Amendment

  • SCOTUS

    What’s in Your Wallet? Who Cares—What’s in Your Cell Phone Is More Important!

    The United States Supreme Court has tackled the issue of cell phone privacy and ruled that data is different from other forms of technology. In late June, the Supreme Court issued an opinion: those of David Riley, a California man whose smartphone police officers searched, and Brima Wurie, a Massachusetts man who was carrying an older “flip phone” when he was arrested.2 The Riley and Wurie cases presented a straightforward, common question: “whether the police may, without a warrant, search digital information on a cell phone seized from an individual who has been arrested.”3 In Riley, police stopped the defendant for driving with an expired registration and discovered that his license had been suspended.4 After arresting Riley and impounding his vehicle at the police station, loaded firearms were discovered during a routine inventory search of Riley’s car. The police used this discovery as motivation to rummage through the defendant’s cell phone data, where they found photos and videos potentially linking him to gang activity, including a shooting for which he was later charged. In Wurie, the defendant was arrested on suspicion of selling drugs. At the police station, two cell phones were seized from Wurie. One of the phones, an antiquated “flip phone,” received repeated calls from a number identified as “my house.” After accessing the call history and phone directory, the police were able to identify the caller’s phone number and address. The address did, in fact, turn out to be Wurie’s house, from which they seized illegal drugs, a firearm, and cash attributed to the defendant. In neither case did police obtain a warrant before searching the phones.
  • Law Schools, Non-Sequiturs, Technology

    Non-Sequiturs: 04.11.14

    * SeaWorld lost its appeal. Apparently it’s not safe to lock murderous animals in a small pool and have people swim with them. [Blog of the Legal Times] * Do you know what “Heartbleed” is? If the answer is no, you need to click on this immediately for the 10 things every lawyer needs to know about the latest computer security crisis. [Versus Texas] * We’ve been hearing about declining law school applications, now let’s look at new projections of law school graduates. [The Faculty Lounge] * Professor Orin Kerr explains that it might be time for courts to adopt computer-specific Fourth Amendment rules. Adapting 18th Century thinking to meet modern times? That’s crazy talk. [The Volokh Conspiracy / Washington Post] * These guys must be the best Grand Theft Auto players ever. [Legal Juice] * Being nice is a strength rather than a weakness. I’m incredulous. [Katz Justice]

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