Search And Seizure

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

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.
Odds Are, You Are Suspicious

Odds Are, You Are Suspicious

By Samia Hossain, William J. Brennan Fellow, ACLU Speech, Privacy, & Technology Project at 9:55am

When you get off a train, do you get off ahead of passengers? Or do you get off behind passengers? When you're going on a trip, do you come off as nervous? Or are you an unusually calm traveler? How about if you make a phone call at a station, do you…

The DEA’s "Cold Consent" Encounters: Definitely Cold, Not So Consensual

The DEA’s "Cold Consent" Encounters: Definitely Cold, Not So Consensual

By Hugh Handeyside, Staff Attorney, ACLU National Security Project at 5:25pm

When law enforcement officers stop and question people for no particular reason, or in the case of the Drug Enforcement Administration, based on a vague perception that a person exhibits "characteristics indicative of drug trafficking," is it any wonder…

The Police's Get-Out-of-Jail-Free Card

The Police's Get-Out-of-Jail-Free Card

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 2:07pm

This piece originally appeared at Slate's Jurisprudence, under the title, "Search Party."

It used to be that when police violated a suspect's Fourth Amendment rights through an unconstitutional search, evidence derived from the search would…

Supreme Court Says Jails Can Strip Search You – Even for Traffic Violations

Supreme Court Says Jails Can Strip Search You – Even for Traffic Violations

By Inimai Chettiar, ACLU at 2:18pm

Yesterday a divided Supreme Court ruled in Florence v. Burlington that any person arrested can be subject to a strip search — even for a minor offense or traffic violation — without any reason to suspect that they may be carrying a…

Blurred photo of Supreme Court building

How the Supreme Court Could Have Ruled in Riley

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 11:17am

Privacy advocates are celebrating the Supreme Court’s recognition in yesterday’s Riley v. California ruling that, as some have succinctly put it, “digital is different.” Chief Justice Roberts’s 9-0 opinion in the case is straightforward and…

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

"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.

A Tool in the Government's War on Privacy? Absolutely. But in Its War on Terror? Not So Much…

A Tool in the Government's War on Privacy? Absolutely. But in Its War on Terror? Not So Much…

By Robyn Greene, ACLU Washington Legislative Office at 12:20pm

A document obtained by the ACLU reveals that federal judges authorized secret "sneak-and-peek" searches 3,970 times in a one-year period.

Vermont Supreme Court Agrees with the ACLU on Electronic Search Limits

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…

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