Search And Seizure

02/26/2013

New Document Sheds Light on Government’s Ability to Search iPhones

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project & Naomi Gilens, ACLU Speech, Privacy and Technology Project at 10:11am

Cell phone searches are a common law enforcement tool, but up until now, the public has largely been in the dark regarding how much sensitive information the government can get with this invasive surveillance technique. A document submitted to court in connection with a drug investigation, which we recently discovered, provides a rare inventory of the types of data that federal agents are able to obtain from a seized iPhone using advanced forensic analysis tools. The list, available here, starkly demonstrates just how invasive cell phone searches are—and why law enforcement should be required to obtain a warrant before conducting them.

04/17/2013

Policing

VICTORY! Supreme Court Finds Drunk-Driving Laws Can Be Strictly Enforced without Abandoning Constitutional Rights

By Steve Shapiro, ACLU at 11:52am

The ACLU welcomes today's Supreme Court's decision in Missouri v. McNeely. Writing for the majority...

08/01/2012

DNA Collection

"Hands Off Our DNA" Lawsuit Gets Another Day in Court

By Michael Risher, Staff Attorney, ACLU of Northern California at 2:22pm

Last week the Ninth Circuit Court of Appeals said it would rehear the ACLU of Northern California's lawsuit challenging a California law that mandates that DNA is collected from anyone arrested on suspicion of a felony.

01/09/2013

Search And Seizure

ACLU Lens: ACLU Tells Supreme Court Warrantless Blood Tests of DWI Suspects Not Justified

By Steve Gosset, ACLU at 3:33pm

The ACLU told the U.S. Supreme Court today that warrantless blood tests of drunken driving suspects should not be allowed, especially when a search warrant could be obtained in a timely fashion.

The ACLU represents Tyler McNeely, the respondent in the case, Missouri v. McNeely. He was pulled over in Cape Girardeau, Missouri, in 2010 on suspicion of drunk driving. After refusing a field sobriety test, he was taken to a local hospital where blood was forcibly drawn to obtain a sample to test his blood-alcohol content. The arresting officer did not obtain a warrant prior to the blood draw. Two Missouri courts later ruled the blood evidence could not be used against McNeely.

12/14/2012

Search And Seizure

Vermont Supreme Court Agrees with the ACLU on Electronic Search Limits

By Dan Barrett, Staff Attorney, ACLU of Vermont, ACLU of Vermont at 12:20pm

The Vermont Supreme Court gave electronic privacy a big boost this morning when it approved restrictions placed upon police when conducting searches of electronic devices.

The case originated when police in Burlington, Vermont were investigating a report of a person applying for credit cards online using someone else's identity. Once the police narrowed the investigation to a street address where they thought the perpetrator might live, they asked a judge to issue a search warrant for “all computers or electronic media” located in the house—even though the house had multiple residents.

10/25/2012

Photographers' Rights

ACLU Sues Over Abuse Of Photographers By Border Patrol Agents

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:42pm

The ACLU of San Diego filed a lawsuit today against the U.S. Customs and Border Protection agency (CBP) for violating the constitutional rights of two photographers, and for maintaining an official policy prohibiting the use of cameras and video recorders at or near U.S. crossing points, which violates the Constitution.

American Civil Liberties Union