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 […]
May 15, 2024
Fourth Circuit Strongly Suggests Including Temporal Limitations on Search Warrants for Social Media Account Information
Jeff Welty and Phil Dixon
Earlier this year, the Fourth Circuit decided United States v. Zelaya-Veliz, 94 F.4th 321 (4th Cir. 2024). Phil summarized it here when it came out, but we thought it merited […]
May 2, 2022
Search Warrants for Digital Devices and the Requirement that Warrants be Executed within 48 Hours
I’ve had several questions lately about the requirement in G.S. 15A-248 that “[a] search warrant must be executed within 48 hours from the time of issuance.” The specific concern is […]
July 30, 2019
Geofencing Warrants
WRAL has several stories up about geofencing warrants. One major article is here. It describes a search warrant obtained by the Raleigh Police Department in a murder case. The warrant […]
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 […]
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 […]
May 17, 2016
May an Officer Assume a False Identity Online in Order to “Friend” a Suspect?
Officers are allowed to misrepresent their identities in the course of their investigations: they may pose as drug buyers, or prostitutes, or members of an organized crime syndicate. Is the […]
April 18, 2016
State Supreme Court Reverses Court of Appeals Regarding Authentication of Surveillance Video
The Supreme Court of North Carolina just decided State v. Snead, a case about the authentication of surveillance video. The court adopted a more relaxed approach to authentication than the […]
March 7, 2016
Court of Appeals Upholds Admissibility of Social Media Evidence Based on Circumstantial Evidence of Authenticity
The court of appeals recently decided State v. Ford, a case about the authentication of social media evidence. This is the first North Carolina appellate case to give careful consideration […]
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 […]
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