38 min
"May I search your phone, with good faith?" Plead the Fifth (Cir.)
-
- Government
Can a police officer search a criminal suspect's cell phone in full, when the only charge in the warrant was drug possession, and the affidavit provided barebone justification? This is the question the Fifth Circuit was presented in U.S. v. Morton. The Morton case presents an issue that is not fully resolved by the Supreme Court - what kind of protection a cell phone deserves under the Fourth Amendment? Treat it like a person's home? Or, more than a home?
We have the privilege to have two guest attorneys who are directly involved in this case to share some insights: Brandon Beck from the Federal Public Defender's Office, who argued this case at the Fifth Circuit, and Aisha Dennis from the National Association of Criminal Defense Lawyers.
Can a police officer search a criminal suspect's cell phone in full, when the only charge in the warrant was drug possession, and the affidavit provided barebone justification? This is the question the Fifth Circuit was presented in U.S. v. Morton. The Morton case presents an issue that is not fully resolved by the Supreme Court - what kind of protection a cell phone deserves under the Fourth Amendment? Treat it like a person's home? Or, more than a home?
We have the privilege to have two guest attorneys who are directly involved in this case to share some insights: Brandon Beck from the Federal Public Defender's Office, who argued this case at the Fifth Circuit, and Aisha Dennis from the National Association of Criminal Defense Lawyers.
38 min