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Striking The Balance: Search Warrants And Encryption Protected Smartphones, Nicholas A. Oliva
Striking The Balance: Search Warrants And Encryption Protected Smartphones, Nicholas A. Oliva
Journal of Civil Rights and Economic Development
(Excerpt)
This note’s analysis of searches of encrypted cell phone will be broken down into in three parts. Part I of this note provides context for the balance between individual privacy and law enforcement by reviewing general Fourth Amendment principles and then Supreme Court rulings that apply these principles to cell phones. Part II then details the advancements in cell phone technology, specifically encryption. These new technologies render the data on cell phones inaccessible and lead law enforcement to go beyond search warrants and seek special orders pursuant to the All Writs Act. Part II provides an overview of the …