ACLU, EFF File Lawsuit Over Warrantless Phone Searches
The American Civil Liberties Union and the Electronic Frontier Foundation have sued the Department of Homeland Security for searching American citizens' smartphones at the border without a warrant. Specifically, the groups say the Customs and Border Protection and Immigration and Customs Enforcement agencies have delayed citizens' entry into the country lest they give up smartphone passwords. In some cases, Customs held onto the devices for weeks and months at a time. The ACLU and EFF, which have filed lawsuits on behalf of a dozen impacted Americans, say the searches violate the Fourth Amendment. "People now store their whole lives, including extremely sensitive personal and business matters, on their phones, tablets and laptops and it's reasonable for them to carry these with them when they travel," said foundation attorney Sophia Cope. "It's high time that the courts require the government to stop treating the border as a place where they can end-run the Constitution." The Department of Homeland Security contends it has a right to inspect all goods entering the country. Many U.S. courts have sided with the Fourth Amendment on this issue, requiring law enforcement to obtain a warrant before searching the contents of mobile devices. The ACLU and EFF filed their case in the U.S. District Court for the District of Massachusetts.
Apple, Google, Others Weigh In On Supreme Court Data Case
Apple and a handful of technology companies are asking the Supreme Court to carefully consider the potential adverse outcomes if law enforcement is given warrantless access to personal information, such as location data. The companies filed a brief with the Supreme Court, which will soon hear a case about how law enforcement gleaned a suspect's location by taking the data from a third party without a warrant.
Judge Says Law Enforcement Needs Warrant to Use Stingrays
A federal judge has tossed evidence discovered by Drug Enforcement Administration officers after they used a Stingray to locate a suspect without a warrant. The case involves a drug trafficking ring in New York City.
Supreme Court to Weigh Accessibility of Cell Location Data
The Supreme Court today said it will hear a case regarding whether or not law enforcement can access certain types of cell location data without a warrant. As it stands today, the government does not need to get a warrant when seeking location and other information held by phone companies.
Court: No Warrant Needed For Police to Snag Cell Location Data
A federal court ruled police can obtain cell phone location records from carriers without first getting a warrant. A Florida man, Quartavious Davis, convicted of seven armed robberies in 2010 argued the cell phone records used to place him in the vicinity of the robberies were protected under the Fourth Amendment.