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“My Phone Was My Life”—Challenging Warrantless Border Searches of Devices
by Dale Chappell
The American Civil Liberties Union (“ACLU”) and Electronic Frontier Foundation (“EFF”) filed a federal lawsuit against the Department of Homeland Security (“DHS”), Customs and Border Protection, and Immigration and Customs Enforcement in the United States District Court for the District of Massachusetts on September 13, 2017. The ...
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More from this issue:
- Secret ATF Slush Fund Dispensed Millions, by Christopher Zoukis
- Ohio Supreme Court: Dismissal Without Prejudice Is a Final and Appealable Order, by Dale Chappell
- The Fair Punishment Project Details an “Epidemic of Brady Violations”, by Christopher Zoukis
- Misdemeanor Defendants Facing Jail Time Not Told They Have a Right to Counsel, Bar Association Finds, by Topher Sanders
- Cryptocurrency Leveraged to Help People Make Bail, by Derek Gilna
- What Is the Number One Duty of a Police Officer?, by Christopher Zoukis
- Deaths From Police Shootings Outstrip Deaths From Terrorists Attacks, Wars, by Derek Gilna
- Massachusetts Breathalyzer Malfunctions, Evidence Withheld
- Fifth Circuit Vacates Sex Offender Supervised Release Conditions, by Mark Wilson
- Eighth Circuit Reverses Convictions Due to Constructive Amendment of Charges, by Mark Wilson
- Louisiana Prosecutors’ Traffic Ticket Industry Diverting Funds From Public Defenders, by David Reutter
- “My Phone Was My Life”—Challenging Warrantless Border Searches of Devices, by Dale Chappell
- Fourth Circuit Vacates Brady Claim Denial in Capital Case and Rebukes Prosecutors, by Richard Resch
- 10th Circuit Suppresses Evidence Based on Overbroad Protective Sweep Under Buie, by Richard Resch
- Georgia Hearsay Admissible Under Co-Conspirator Exception, by Mark Wilson
- Kentucky Supreme Court Clarifies Adoptive Admission Exception to Hearsay Rule, by Christopher Zoukis
- Colorado Supreme Court: Criminal Defendant Seeking to Fire Paid, Retained Counsel for Court-Appointed Counsel Need Not Show Good Cause, by Christopher Zoukis
- North Dakota Supreme Court: Warrantless Urine Test Incident to Arrest for DUI Is Unconstitutional Search, by David Reutter
- Compensating the Exonerated: State Laws Are Arbitrary and Senseless, by Christopher Zoukis
- Oregon Court Vacates Order Refusing to Seal Arrest Record, by Mark Wilson
- Vermont Guilty Plea Requires Defendant to Personally Acknowledge Factual Basis for Each Element of the Offenses Charged, by Mark Wilson
- More Than Half of 2015 Police Killings Not Properly Documented in Government Data, by Christopher Zoukis
- Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests, by Christopher Zoukis
- 50 Alabama Cities Reform Bail Practices for Poor, by David Reutter
- Eighth Circuit Upholds Warrantless Search of Cellphone Owned by Person on Supervised Release Due to Diminished Expectation of Privacy, by Mark Wilson
- Government Attempt to Shoehorn Union Activity into Hobbs Act Violation Rejected by First Circuit, by Christopher Zoukis
- 11th Circuit Rules Counsel Deficient for Failing to Challenge “Usable” Amount in Drug Case, by David Reutter
- Washington Supreme Court Grants Full Evidentiary Hearing for Civilly Committed SVP, by Mark Wilson
- In Historic Move, 15 Cases Related to Crooked Chicago Cop Thrown Out, by Christopher Zoukis
- Oregon Supreme Court Rules Warrantless Entry Into Home in Effort to Obtain Nonconsensual BAC Evidence Not Exigent Circumstance, by Mark Wilson
- Ohio Supreme Court Holds Exclusion of Evidence Inappropriate Remedy for Violation of Knock-And-Announce Principle Where Search Warrant Issued, by Mark Wilson
- Georgia Supreme Court Reverses Armed Robbery Conviction, Defendant Lacked Dominion, by Dale Chappell
- Oregon Court of Appeals Rules Defendant’s Motion to Suppress Satisfied Uniform Trial Court Rule 4.060(1)
- The Insanity Defense: It’s Not What You Think, by Christopher Zoukis
- Second Circuit: Arrest for Not Leaving Sidewalk Entitled to Qualified Immunity, by Mark Wilson
- New York Court of Appeals: Criminal Trial Judge Cannot Also Be Sole Appellate Judge
- $5.5 Million Verdict Against Los Angeles Police Department for Taser Death
- Equivocal Request for Counsel Requires Police to Seek Clarification of Suspect’s Intent Under Oregon Law
- Stingray Technology Lets G-Men Into Your Pocket (and Your House, and Your Car...), by Christopher Zoukis
- Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1, by Tara Hoveland, Kent Russell
- Confronting the Myth in Police-Suspect Knife Confrontations, by Derek Gilna
- Yes, Lawsuits Are Expensive—But So Is Police Misconduct, by Antonio Romanucci
- $44.7 Million Awarded to Man Shot by Intoxicated Chicago Police Officer With Troubled History, by Derek Gilna
- District Attorney in New York and Aide Indicted for Covering up Beating by Police Chief, by Derek Gilna
- From the Editor, by Richard Resch
- Eighth Circuit: Illinois Burglary Conviction Not Valid Predicate Offense for ACCA Purposes
- News in Brief
- Have the Wars on Drugs and Terror Transformed the U.S. Into a Police State?, by Derek Gilna
More from Dale Chappell:
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
More from these topics:
- Trump’s “Big Beautiful Bill” Gave Massive Handouts to ICE and Private Prison Industry, Aug. 1, 2025. Corrections Corporation of America/CoreCivic, GEO Group/Wackenhut, Immigration.
- Shady Firm Awarded $78 Million Contract for Services at Florida’s “Alligator Alcatraz”, Aug. 1, 2025. Private Prisons, Environmental Law, Immigration.
- News in Brief, Aug. 1, 2025. Assault by Police, Misconduct/Corruption, Guard Misconduct, Police Misconduct, Stun Guns/Tasers, Immigration, False Arrest, Evidence - Integrity/Reliability of.
- Wisconsin Robbery Suspect Frames Immigrant Detainee with Forged Letters Threatening to Kill Trump, July 15, 2025. Immigration, Fraud and Deceit.
- Massachusetts High Schooler Detained by ICE Caught in “Collateral Arrest”, July 15, 2025. Arrest and Booking, Immigration, Arrest Warrants.
- DHS Removed Sanctuary Cities List After Complaint from Sheriff’s Association, July 15, 2025. Immigration, Enforcement of Immigration Laws, Asylum.
- Understanding Your Constitutional Rights in the ‘100-Mile Border Zone’: A Primer for Non-Citizens in the United States When Confronted by Law Enforcement, July 1, 2025. Immigration, Fifth Amendment, Searches - Border Stops/Searches, Level of Suspicion, Routine vs. Non-Routine Border Searches, Immigration Law/Offenses, Fourth Amendment.
- Arizona’s Secret Mass Surveillance System: An Obscure Financial Database Amasses Millions of Financial Records in the Shadows, July 1, 2025. Searches, Search and Seizure, Warrants, Continuing Financial Crimes Enterprise (CFCE), Domestic Financial Institution.
- Salvadoran President’s Dark Secret Allegedly Behind Deal to Hold Deported Migrants in “Mega” Prison, June 1, 2025. Misconduct/Corruption, Conditions of Confinement, Immigration.
- Seven TDCJ Prison Guards Arrested in Alleged Smuggling Ring, June 1, 2025. Guard Misconduct, Searches, Prison Conditions.