One of the key devices in the criminal defense attorney’s tool bag is the suppression motion based upon the Fourth Amendment to the United States Constitution. The Fourth Amendment’s Warrant clause provides that “…no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (emphasis supplied). U.S. Const. Amend. IV; See also New York Constitution, Art. I ’12; C.P.L. Art. 690.

Because of the depth of personal information stored on an individual’s cell phone and thereby accessible by government investigators via a search warrant, the Fourth Amendment’s particularity requirement is the last line of defense for a suspect’s cell phone privacy against government intrusion, overreach and abuse. The courts’ heightened sensitivity to this requirement is the subject of this article.

Motion To Controvert the Search Warrant

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]