NACDL - Device and Account Searches

Device and Account Searches

Nearly every case involves a cell phone or an online account. Laws on device and account searches are continuing to evolve, as courts reconsider old doctrines that do not fit with the realities of the digital age. Below, find sample motions on suppressing emails, passcodes, and other electronically stored information.

Account Searches

 

Compelled Decryption

 

Device Searches

 

Rule 41(g)


Resources

                                                         
                                      


Supplemental

Border Searches & Digital Devices: Case List (2017)
NACDL has compiled a resource of district court cases that deal with the border search exception and digital devices, with special attention paid to challenges to digital searches after the landmark Riley v. California decision. The case list accompanies a primer to educate attorneys about the implications of CBP's claimed powers and offer strategies that will help them comply with their ethical obligations and responsibilities to their clients when entering the U.S.


Need a motion for Cellebrite UFED reports?

 

Read the rest of the request language here.


Video Trainings

Digital Hygiene for Defense Lawyers: A Digital Security Checklist​
Matt Mitchell, Director of Digital Safety & Privacy for Tactical Tech

Digital Device Searches: Searching Computers, Phones, and Even Your Home Appliances
Esha Bhandari, Staff Attorney, ACLU Speech, Privacy, and Technology Project; Catherine Crump, Director, Samuelson Law, Technology & Public Policy Clinic at U.C. Berkeley School of Law; Michael Price, Senior Litigation Counsel, NACDL Fourth Amendment Center

Border Searches: Keeping the Government Out of Your Digital Devices at the Border
Esha Bhandari, Staff Attorney, Speech, Privacy, and Technology Project, American Civil Liberties Union

Flash Talk: Protecting Your Communications from Big Brother
Matt Mitchell, Director of Digital Safety & Privacy for Tactical Tech