Authentication of Digital Communications Chart
A common evidence question that arises is how to properly authenticate digital communications. We have written on the topic in several blogs: How Can a Party Show Authorship of a […]
March 17, 2025
When Can the Police Seize a Cell Phone Incident to Arrest, and How Long Can They Keep It?
Riley v. California, 573 U.S. 373 (2014), holds that the contents of a cell phone may not be searched incident to arrest, but allows for the possibility that the phone […]
November 15, 2023
The Abandonment of Digital Devices
Our cell phones and laptops normally are subject to a reasonable expectation of privacy, meaning that police cannot search them without a search warrant or an applicable exception to the […]
June 24, 2019
May Search Warrants for Cell Phones Include Connected Cloud Services?
While preparing to teach a recent class about search warrants for digital devices, I spoke with a number of experts in digital forensics. Each conversation was very helpful. Almost all […]
March 13, 2018
Rule 803(6): Please Hold for the Next Available Representative…
A few weeks ago I participated in a seminar on digital evidence, and one of the topics we discussed was cell phone records (subscriber information, call detail records, historical location […]
January 30, 2018
When a Person Commits a Crime, Is There Probable Cause to Search the Person’s Phone for Evidence?
The question in the title of this post is one that I’ve been asked lots of times in different factual contexts. The basic question is, given that most people have […]
October 9, 2017
Should an Officer Use His or Her Personal Cell Phone to Take Work-Related Photographs?
I’ve been asked several times lately whether it is a good idea for an officer to use his or her personal cell phone to take work-related photographs, such as photographs […]
October 3, 2016
Probable Cause and Search Warrants for Cell Phones
Law enforcement officers often seek search warrants for suspects’ cell phones. When they do, judicial officials must determine what sort of evidence is needed to support the issuance of a […]
September 1, 2015
Can a Magistrate Issue a Search Warrant for a Computer or a Cell Phone?
I’ve had the same question several times recently: can a magistrate issue a search warrant for a computer or a cell phone? The answer is yes. This post explains why […]
June 15, 2015
Holding Jurors in Contempt for Cell Phone Use
Courts around the country have struggled to address inappropriate cell phone usage by jurors. Some judges have used their contempt powers to deal with the issue. In Oregon, a judge […]
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