Last week, EFF, along with the Criminal Defense Attorneys of Michigan, ACLU, and ACLU of Michigan, filed an amicus brief in People v. Carson in the Supreme Court of Michigan, challenging the constitut...
Read Full Article »EFF to Michigan Supreme Court: Cell Phone Search Warrants Must Strictly Follow The Fourth Amendment’s Particularity and Probable Cause Requirements
Discussion Points
- Balance of Fourth Amendment Protections and Law Enforcement Needs: How can law enforcement balance the need for investigating crimes with the individual's right to privacy in the digital age? Should there be specific protocols for searching electronic devices, or is it too restrictive?
- The Evolution of Probable Cause in Digital Investigations: Has the concept of probable cause become outdated in the face of rapid technological advancements and the vast storage capacity of modern electronic devices? Should courts be reevaluating their standards for digital searches?
- The Impact on Individual Rights vs. Public Safety: In cases where a warrant is deemed insufficient, what are the potential consequences on both individual rights and public safety? Can law enforcement find alternative methods to investigate crimes without compromising individual freedoms?
Summary
The Electronic Frontier Foundation (EFF) and ACLU have filed an amicus brief in People v. Carson, challenging the constitutionality of a search warrant for Mr.
Carson's smart phone. The warrant, lacking particularity and probable cause, was deemed unconstitutional by the Court of Appeals.
However, the government appealed to the Michigan Supreme Court, arguing that the standard should be reevaluated due to the evolving nature of digital devices and their potential use in crimes. EFF argues that heightened attention is needed when reviewing warrants for digital searches, as devices contain immense storage capacities and sensitive data.