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The Long-Term Impacts of Warrantless Cellphone Searches Ruling | Jake Brower, Attorney At Law |Criminal Lawyer | Criminal Defense |DUI Defense Attorney |Felony Arrests |3-Strike Cases |Santa Ana, Orange County, CA

Criminal Law

  • The Long-Term Impacts of Warrantless Cellphone Searches Ruling

    Posted Jul 23rd, 2014 By in Criminal Law With | Comments Off on The Long-Term Impacts of Warrantless Cellphone Searches Ruling


    Last month the U.S. Supreme Court ruled that warrantless cell phone searches are illegal. The unanimous ruling was a major win for privacy advocates and likely one of the biggest for 2014. It also brought into question how digital information is protected in criminal law cases.

    Unlike cases decided by narrow 5-4 margins or those in which justices differed over the reasoning, Chief Justice John Roberts’ cellphone opinion was notable for “the emphatic, emphatic message from the court that digital is different,” says Jeffrey Fisher, the Stanford University law professor who successfully argued one of the two cellphone cases, Riley v. California.

    Now the question is: How different? Different enough to topple a 35-year-old court precedent that denied privacy protection to telephone records shared with third parties? Different enough to call into question the use of drones, surveillance cameras and other forms of high-tech snooping? Different enough to jeopardize national security operations?

    Theodore Simon, incoming president of the National Association of Criminal Defense Lawyers, is devoting his first column in the group’s monthly magazine to Riley’s potential impact on past precedents and future issues. He foresees “a sea change in how one would look at future cases that in any way involve searches and seizures, and where there is the possibility of the revelation of significant personal data.”

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Jake Brower Criminal Defense Attorney, DUI Lawyer, Felony Arrests, 3-Strike Cases, Criminal Law, Drunk Driving Lawyer, Los Angeles, Orange, Anaheim, Corona del Mar, Costa Mesa, Irvine, Huntington Beach, Long Beach, Mission Viejo, Aliso Viejo, Lake Forest, Rancho Santa Margarita,Santa Ana, Newport Beach, Newport Coast, Laguna Beach, Laguna Niguel, Riverside, San Diego, Ventura, Beverly Hills, Hollywood,Oceanside, San Clemente, Carlsbad, Dana Point, Seal Beach, Long Beach, 1043 Civic Center Drive West, #200, Santa Ana CA 92703