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Delaware Supreme Court: Counsel Ineffective for Failing to Challenge Search of Cellphone Where Consent Was Ambiguous and Warrant Constituted a General Warrant
by Sam Rutherford
The Supreme Court of Delaware granted postconviction relief to a prisoner because his defense attorney provided ineffective assistance of counsel by failing to challenge the search of his cellphone. The Court held that the defendant did not provide valid consent to search the cellphone and …
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More from this issue:
- SCOTUS Announces Confrontation Clause Prohibits Expert Witness From Testifying About Non-Testifying Expert’s Statements Regarding Forensic Testing Performed by Non-Testifying Expert in Support of Testifying Expert’s Opinion Testimony at Trial, by Sam Rutherford
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, by Douglas Ankney
- Broken Trust The Pervasive Role of Deceit in American Policing, by Andrew Eichen
- WhatsApp’s Security Team Identifies Vulnerabilities, by Michael Thompson
- University of Maryland Carey Law Pioneers Forensic Defense Clinic
- Seventh Circuit Announces Search of Cellphone at Border Constitutes Routine Inspection and Does Not Require Warrant, Probable Cause, or Even Individualized Suspicion, by Sam Rutherford
- Delaware Supreme Court: Counsel Ineffective for Failing to Challenge Search of Cellphone Where Consent Was Ambiguous and Warrant Constituted a General Warrant, by Sam Rutherford
- Barrier-Crime Laws Continue to Unjustly Prohibit Otherwise Qualified Persons With Prior Convictions From Employment, by Douglas Ankney
- Cops Hide Behind Encrypted Radio, by Michael Thompson
- Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, by Sam Rutherford
- Overthrowing the Constitution: All Sides Are Waging War on Our Freedoms, by John W. Whitehead, Nisha Whitehead
- California Court of Appeal: Wearing Puffy Jacket on Hot and Humid Night Does Not Constitute Reasonable Suspicion of Criminal Activity, by Anthony Accurso
- Ninth Circuit Announces California Carjacking Conviction Not Categorically ‘Crime of Violence’ Under Immigration Law for Removal Purposes, by Sam Rutherford
- SCOTUS Clarifies Prejudice Standard Under Strickland for Ineffective Assistance of Counsel Claims at Capital Sentencing, by Sam Rutherford
- Oregon Supreme Court Further Clarifies ‘Guilty Except for Insanity’ Defense, by Sam Rutherford
- Wisconsin District Attorneys’ Police Brady Lists Often Secret, Incomplete, or Nonexistent, by Matthew Clarke
- Georgia Supreme Court: Discovery of Common Law Wife’s Infidelity Entitled Defendant to Voluntary Manslaughter Instruction in Malice Murder Prosecution, by Sam Rutherford
- Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community, by Anthony Accurso
- Chicago PD Continues Racial Profiling While Underreporting Incidents of Traffic Stops, by Jo Ellen Nott
- Wisconsin Supreme Court: Officer Violated Fourth Amendment by Exceeding Scope of Community Caretaking Function During Traffic Stop, by Sam Rutherford
- Seventh Circuit Holds Sentencing Guidelines Commentary Still Entitled to Deference, by Sam Rutherford
- ICE’s Deadly Force Problem: A Culture of Impunity, by Jo Ellen Nott
- News In Brief
- A New Approach to Drug Testing: Electrochemical Sensors and Raman Spectroscopy, by Jo Ellen Nott
More from Sam Rutherford:
- Ninth Circuit Affirms $3.84 Million Jury Verdict in Death of San Bernardino Jail Detainee from Acute Alcohol Withdrawal, March 1, 2026
- Shelby County DA Oversees Retesting After Forensic Analyst’s Dismissal for ‘Unethical Conduct’, July 1, 2025
- Self-Harming Wisconsin Prisoner Settles Failure-to-Protect Suit for $7,000, April 1, 2025
- SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, March 15, 2025
- Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable, March 1, 2025
- New Mexico Corrections Department Continues Pattern of Abuse With Contract Medical Provider Wexford Health Sources, Feb. 15, 2025
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025
- Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, Feb. 15, 2025
More from these topics:
- Ninth Circuit Holds Martinez May Excuse Nevada’s Timeliness and Successive-Petition Bars for Trial Ineffective Assistance Claims, Oct. 1, 2026. Ineffective Assistance of Counsel, Cause and Prejudice, Counsel - Right to, Statutes of Limitation and Laches.
- Massachusetts Supreme Judicial Court Announces Postconviction Forensic Testing Statute Permits Digital Forensic Analysis of Cellphones, Holding Chapter 278A Not Limited to Tangible Evidence Testable for Biological Material, Aug. 1, 2026. Forensic Sciences, Searches - Cellphones/Computers/Internet, Statutory Construction/Interpretation, Failure to Consult/Investigate/Raise, Relevance.
- Passive Data Transforms Smart Devices Into Covert Witnesses in a Silent Surveillance State, July 1, 2026. Forensic Sciences, Police State-Surveillance, Searches - Cellphones/Computers/Internet, Electronic Surveillance, Exclusionary Rule.
- Texas Court of Criminal Appeals Announces That Warrantless-Arrest Statutes Conditioning Authority on an Offense Within an Officer’s “Presence or View” Require Actual Contemporaneous Sensory Perception, May 1, 2026. Warrants, Blood Samples/Tests, Statutory Construction/Interpretation, Warrants - Requirements/Scope/Exceptions, Authority and Jurisdiction.
- Oregon Supreme Court Announces Article I, Section 9, of State Constitution Protects Privacy in Internet Browsing Conducted Over Public Wi-Fi Networks, April 1, 2026. Searches - Cellphones/Computers/Internet, Warrantless Searches, Electronic Surveillance, State Constitutional Claims, Suppression.
- New York Court of Appeals Holds Generic Physical Description Insufficient to Justify Pursuit in Mistaken Identity Case, and Suspect’s Flight Cannot Support Reasonable Suspicion Absent Evidence He Knew He Was Fleeing Law Enforcement, April 1, 2026. Reasonable Suspicion, Fruit of the Poisonous Tree, Suppression, Warrants - Requirements/Scope/Exceptions, Terry Stops.
- Pennsylvania Supreme Court (Opinion Announcing the Judgment of the Court): No Reasonable Expectation of Privacy in Unprotected Google Searches, Jan. 1, 2026. Fourth Amendment, rights, Probable Cause, Searches - Cellphones/Computers/Internet, Privacy Act/Rights, State Constitutional Claims.
- Maryland Supreme Court Announces Public Defender Act Requires Effective Assistance of Counsel in Certiorari Petition Where Public Defender Appointed Panel Attorney for Direct Appeal and Certiorari Petition, Dec. 15, 2025. Public Defenders, Indigent Defense, Ineffective Assistance of Counsel, Statutory Construction/Interpretation, Strickland Standard.
- Protecting Your Digital Privacy, Oct. 15, 2025. Police State-Surveillance, Searches - Cellphones/Computers/Internet, Cell-Phone Location/Tracking Data, Electronic Surveillance, Digital Devices.
- Michigan Supreme Court Announces Guidance on Standards for Search Warrants of Cellphones to Satisfy Particularity Requirement of Fourth Amendment That “Reasonably Direct” Search to Uncovering Evidence of Criminal Activity Identified in Warrant, Oct. 15, 2025. Particularity Requirement, Searches - Cellphones/Computers/Internet, Cell-Phones, Warrants - General Search, Failure to Preserve Challenge.





