The United States Supreme Court has granted review in two hugely important privacy cases, Riley v. California and United States v. Wurie. In each, the question is whether law enforcement can search the data contents of an arrestee’s cellphone without a warrant.
Digital data and search and seizure is an area I frequently litigate, or consult with other attorneys on. I have written on the matter, and have spoken at conferences numerous times on the issue. It was at a conference in 2013 that I first learned of Riley and agreed at that time to write in the case, when it was at the cert stage. I’m pleased to say that the final fruit of that one year of labor is now finished.
I was pleased to author the brief on behalf of the National Association of Criminal Defense Lawyers, as well as the Brennan Center for Justice. The brief can be found here.