FBI v Apple, Microsoft v Department of Justice, and Post-Riley Cell Phone Searches: Rediscovering the Fourth Amendment
A research resource developed by Professor Clark D. Cunningham, W. Lee Burge Chair in Law & Ethics, Georgia State University College of Law
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Clark D. Cunningham, An Open Letter to President Obama (Sep. 8, 2016)
Attachments to Letter
-- Email Search Warrant served on Microsoft (Disclose the contents of all email and all other records or other information including address books, contact and buddy lists, pictures, and files for the period of the inception of the account to the present. A variety of techniques may be employed to search the seized emails including email-by-email review.)
-- US v Ravelo: US Atty Letter in Opposition to Motion to Suppress, May 23, 2016 (The trial team will receive the contents of the iPhone, conduct its review and determine if it intends to use any of the contents of the Phone at trial. If the trial team determines that it will indeed use any of the contents of the Phone at trial, it will then provide the Search Warrant and supporting Affidavit to defense counsel)
-- US v Ravelo:
US Atty Supplemental Letter in Opposition to Motion to Suppress, July 12, 2016 (If the court were to grant Ms. Ravelo’s motion to suppress evidence obtained from the Phone and a subsequent motion under Fed. R. Crim. P. 41(g) for the return of the Phone, the government would likely retain copies of the contents of the Phone.)
-- Clark D. Cunningham, Apple and the American Revolution: Remembering Why We Have the Fourth Amendment, 126 Yale Law Journal Forum (forthcoming 2016) (9 pages)
-- Letter to President Obama with all attachments