Photo: FellowNeko Heightened Sensitivity to Particularity in Cell Phone Searches
Because of the vast personal information stored on cell phones that is thereby accessible by government investigators via a search warrant, the particularity requirement is the last line of defense for a suspect's cell phone privacy against government intrusion. The courts' heightened sensitivity to this requirement is the subject of this article.
August 21, 2023 at 12:00 PM
8 minute read
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.
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