EFF to Michigan Supreme Court: Cell Phone Search Warrants Must Strictly Follow The Fourth Amendment’s Particularity and Probable Cause Requirements
The Electronic Frontier Foundation (EFF) has filed an amicus brief in People v. Carson challenging the constitutionality of a search warrant for Mr. Carson's smartphone. The warrant was deemed unconstitutional due to its lack of particularity and insufficient probable cause. The EFF argues that the warrant's broad language and failure to establish a nexus between the incident and the phone constitutes a Fourth Amendment violation. This case underscores the need for heightened scrutiny when reviewing warrants for digital devices, given their unique characteristics and immense storage capacities. The court must carefully balance individual rights with law enforcement needs.