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Full-Text Articles in Law
Why Arizona V. Gant Is The Wrong Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz
Why Arizona V. Gant Is The Wrong Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Wina Morning News With Rick And Jane: Interview With Adam Gershowitz, Rick Daniels, Jane Foy, Adam M. Gershowitz
Wina Morning News With Rick And Jane: Interview With Adam Gershowitz, Rick Daniels, Jane Foy, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
The Post-Riley Search Warrant: Search Protocols And Particularity In Cell Phone Searches, Adam M. Gershowitz
The Post-Riley Search Warrant: Search Protocols And Particularity In Cell Phone Searches, Adam M. Gershowitz
Adam M. Gershowitz
Last year, in Riley v. California, the Supreme Court required police to procure a warrant before searching a cell phone. Unfortunately, the Court’s assumption that requiring search warrants would be “simple” and very protective of privacy was overly optimistic. This article reviews lower court decisions in the year since Riley and finds that the search warrant requirement is far less protective than expected. Rather than restricting search warrants to the narrow evidence being sought, some magistrates have issued expansive warrants authorizing a search of the entire contents of the phone with no restrictions whatsoever. Other courts have authorized searches …
Searching Cell Phones Incident To Arrest: Can Courts And Legislatures Impose Limits On A Bright Line Rule?, Adam M. Gershowitz
Searching Cell Phones Incident To Arrest: Can Courts And Legislatures Impose Limits On A Bright Line Rule?, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Seizing A Cell Phone Incident To Arrest: Data Extraction Devices, Faraday Bags, Or Aluminum Foil As A Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz
Seizing A Cell Phone Incident To Arrest: Data Extraction Devices, Faraday Bags, Or Aluminum Foil As A Solution To The Warrantless Cell Phone Search Problem, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Symposium: Surprising Unanimity, Even More Surprising Clarity, Adam M. Gershowitz
Symposium: Surprising Unanimity, Even More Surprising Clarity, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Password Protected? Can A Password Save Your Cell Phone From A Search Incident To Arrest?, Adam M. Gershowitz
Password Protected? Can A Password Save Your Cell Phone From A Search Incident To Arrest?, Adam M. Gershowitz
Adam M. Gershowitz
Over the last few years, dozens of courts have authorized police to conduct warrantless searches of cell phones when arresting individuals. Under the “search incident to arrest” doctrine, police are free to search text messages, call histories, photos, voicemails, and a host of other data if they arrest an individual and remove a cell phone from his pocket. Given that courts have offered little protection against cell-phone searches, this Article explores whether individuals can protect themselves by password protecting their phones. The Article concludes, unfortunately, that password protecting a cell phone offers minimal legal protection when an individual is lawfully …
David Leon Riley V. State Of California And United States Of America V. Brima Wurie: Brief Of Amici Curiae Criminal Law Professors In Support Of Petitioner Riley And Respondent Wurie, Adam M. Gershowitz, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan
David Leon Riley V. State Of California And United States Of America V. Brima Wurie: Brief Of Amici Curiae Criminal Law Professors In Support Of Petitioner Riley And Respondent Wurie, Adam M. Gershowitz, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan
Adam M. Gershowitz
No abstract provided.
Court Issues Sweeping Digital Privacy Ruling In Mass. Cell Phone Case, Anthony Brooks, Meghna Chakrabarti, Matthew Segal, Adam M. Gershowitz
Court Issues Sweeping Digital Privacy Ruling In Mass. Cell Phone Case, Anthony Brooks, Meghna Chakrabarti, Matthew Segal, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Constitutional Conversations: Cell Phone Searches And The Law, Paul Marcus, Adam M. Gershowitz
Constitutional Conversations: Cell Phone Searches And The Law, Paul Marcus, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Can A Password Stop Police From Searching Your Cell Phone Incident To Arrest?, Adam M. Gershowitz
Can A Password Stop Police From Searching Your Cell Phone Incident To Arrest?, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.