Court rules that Cell Phone Searches should be compartmentalized by data type

Posted by Sean P. CecilJan 12, 20210 Comments

Cell phone searches are increasingly common, and incredibly intrusive. This brief article explores a recent 5th Circuit Court of Appeals decision ruling a search warrant for a cell phone was unconstitutionally broad because it did not limit the search to the type of data that would be responsive to the probable cause described the search warrant allowing the search.

NC Court of Appeals re-affirms Protection of Privacy in a Home's "Curtilage" and Suppresses Marijuana

Posted by Sean P. CecilApr 19, 20170 Comments

Review of two recent North Carolina Appellate decisions, one regarding insufficient evidence to convict the accused of constructive possession and one about suppression of marijuana evidence discovered through a violation of the accused's 4th Amendment right to be free of warrantless searches in the absence of probable cause AND exigent circumstances.

4th Circuit: Evidence Suppressed because Police Detained Suspect Without Reasonable Suspicion of Criminal Activity

Posted by Sean P. CecilOct 28, 20150 Comments

The exclusionary rule prevents the government from  presenting evidence in a criminal case that is tainted by a violation of the suspect/defendant's constitutional rights. A recent 4th Circuit Appellate concluded that drug evidence should have been suppressed under the exclusionary rule because the police seized the defendant without a reasonable suspicion that he was engaged in criminal behavior. This article explores the case and the law behind the Court's ruling.