Tina O. Miller Farrell & Reisinger LLC Whether the warrantless - PowerPoint PPT Presentation

Tina O. Miller Farrell & Reisinger LLC

 Whether the warrantless seizure and search of historical cell phone records revealing the location and movements of a cell phone user over the course of 127 days is permitted by the Fourth Amendment.

 Riley v. California and United States v. Wurie  Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.  Expectation of privacy/is expectation reasonable?

 United States v. Winn, 79 F. Supp. 3d 904 (S.D. Il. 2015) (particularity)  United States v. Camou, 773 F.3d 932 (9th Cir. 2014) (exigent circumstances and vehicle search exception)

 Fifth Amendment  Commonwealth of Virginia v. Baust, No. CR14- 1439, at 1 (Va. 2d Cir. Ct. Oct. 28, 2014) (fingerprint for phone)  In Re: Application for a Search Warrant, 236 F.Supp.3d 1066 (N.D. Ill. 2017)

 California Assembly Bill 1681 (Smartphone encryption)  House Bill 4528 (Encrypt Act)  New York State Assembly Bill A8093A

 https://www.youtube.com/watch?v=XTl_Clu -HKQ

 Automated License Plate Recognition— estimates of up to 1,800 license plates a minute captured during day or night  Info stored in databases http://www.theiacp.org/ALPL 

 Statutory Warrant Requirements  Domestic Drone Information Center https://www.nacdl.org/News.aspx?id=26728&sec=ddic Search with Aircraft: California v. Ciraolo, Dow Chemical v. United States and Florida v. Riley Kyllo v. United States (thermal imaging case)

 “Network Investigative Technique” a/k/a Hacking  Law enforcement has been using malware to investigate online criminal activity since 2002  Can occur on individual basis or en masse  Website Infection – when a user clicks on the website, malware is installed on the user’s computer, the user’s IP address is sent to law enforcement  Tippens case – 8000 computers, 120 countries, one search warrant

(F) Reports of Examinations and Tests . Upon a defendant's request, the  government must permit a defendant to inspect and to copy or photograph the results or reports of any physical or mental examination and of any scientific test or experiment if: (i) the item is within the government's possession, custody, or control; (ii) the attorney for the government knows—or through due diligence could know—that the item exists; and (iii) the item is material to preparing the defense or the government intends to use the item in its case-in-chief at trial. Roviaro v. United States, 353 U.S. 53 (1957) Where disclosure of an  informer's identity, or of the contents of his communication, is relevant and helpful to the defense of an accused, or is essential to a fair trial, the Government's privilege to withhold disclosure of the informer's identity must give way.