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Amicus Brief -- Riley v. California and United States v. Wurie

47 Pages Posted: 19 Mar 2014  

Charles E. MacLean

Indiana Tech - Law School

Adam Lamparello

Indiana Tech - Law School

Date Written: March 10, 2014

Abstract

Warrantless searches of cell phone memory — after a suspect has been arrested, and after law enforcement has seized the phone — would have been unconstitutional at the time the Fourth Amendment was adopted, and are unconstitutional now. Simply stated, they are unreasonable. And reasonableness — not a categorical warrant requirement — is the “touchstone of Fourth Amendment analysis.”

Keywords: Riley v. California, United States v. Wurie, Fourth Amendment, search incident to arrest, privacy, technology

JEL Classification: K14, K40

Suggested Citation

MacLean, Charles E. and Lamparello, Adam, Amicus Brief -- Riley v. California and United States v. Wurie (March 10, 2014). Available at SSRN: https://ssrn.com/abstract=2410246 or http://dx.doi.org/10.2139/ssrn.2410246

Charles E. MacLean

Indiana Tech - Law School ( email )

1600 East Washington Blvd.
Fort Wayne, IN 46803
United States
260-422-5561 x-3447 (Phone)

Adam Lamparello (Contact Author)

Indiana Tech - Law School ( email )

1600 E. Washington Blvd.
Ft. Wayne, IN 46803
United States

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