Articles Tagged with “cell phone”

Today marks the 3rd anniversary of the landmark decision in Riley v California in which the Supreme Court unanimously held that a warrantless search and seizure of the digital contents of cell phones during an arrest is unconstitutional.

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The Cases

The cases that eventually became the basis of the decision in Riley v. California[1] are interesting to say the least, and highlight why a Supreme Court decision on the matter was vital in settling the question of the constitutionality of these warrantless searches.

iStock_000000350401XSmall.jpgThe government intercepts the phone calls of suspect criminals through the use of a wiretap. Wiretaps are search warrants that allow a law enforcement agency to eavesdrop on phone calls or internet communications (E.g. cell, land line, Skype calls). Law enforcement agencies can only eavesdrop after they obtain a court order from a judge authorizing them to listen in on certain conversations. In order to obtain a court order, the officer must file an application with the court requesting authorization from the court to conduct a wiretap. The application is an essential part of the process and is subject to strict compliance with 18 U.S.C.A. § 2518.

The first requirement is that the investigative or law enforcement officer making the application be identified along with the officer who authorized the application. This requirement is important for a couple of reasons. First, there are strict disclosure laws that prohibit liberal sharing of wiretaps. Officers cannot freely discuss wiretaps with whomever they want, even if they are talking to other officers. The disclosure must be permitted by statute. Second, it identifies the law enforcement agency that is conducting the wiretap. Particular agencies can conduct wiretaps for certain reasons. Certain agencies investigate certain crimes; not all crimes are subject to wiretap surveillance either. A law enforcement agency must be investigating a crime that is enumerated under 18 U.S.C.A. § 2703, and the crime must be one that the agency investigates.

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Fotolia_69031331_Subscription_Monthly_M.jpgEvery American citizen has a reasonable expectation of privacy. This Constitutional protection applies to many aspects of modern life. It extends over things such as a person’s house, car, and telephone. However, the government can get past this shield of privacy. Law enforcement and the judicial branch work hand in hand to acquire warrants to get past a person’s right of privacy. If the government believes a person is committing criminal behavior, then it will try to stop whatever that person is doing by piercing his privacy. In this regard, one of the government’s most powerful tools is wiretapping.

A wiretap is a government interception of electronic communications. Typically speaking, a wiretap catches phone calls, but it can be extended now to get other modes of real-time communications made over the internet, such as Skype calls. Different law enforcement agencies conduct wiretaps for different reasons. For example, the DEA will conduct a wiretap for the purpose of preventing drug trafficking.

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