Border Searches of Electronic Devices
North Carolina doesn’t have a land border with Mexico or Canada, so most people don’t think of us as a border state. But we are. We have a maritime border […]
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 10, 2019
Delays in Obtaining Search Warrants for Digital Devices
There have been several recent cases regarding delays in obtaining search warrants for digital devices that have been lawfully seized. For example, in United States v. Pratt, 915 F.3d 266 […]
January 23, 2017
Update on Fingerprints, Phones, and the Fifth Amendment
Can a court order a suspect to use the suspect’s fingerprint to unlock his or her smartphone? Or would that violate the suspect’s Fifth Amendment privilege against self-incrimination? I wrote […]
June 26, 2014
Supreme Court: Can’t Search Cell Phones Incident to Arrest
Yesterday, the Supreme Court issued a long-awaited opinion concerning searching cell phones incident to arrest. The Court ruled that the search incident to arrest exception to the warrant requirement doesn’t […]
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