Washington, DC (June 22, 2018) – This morning, the U.S. Supreme Court issued its decision in Carpenter v. United States (16-402). The question presented in Carpenter was “whether the warrantless seizure and search of historical cell phone records revealing the location and movements of a cell phone user over the course of 127 days is permitted by the Fourth Amendment?” In a 5-4 decision authored by Chief Justice Roberts and joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan, the Court held that the Government’s acquisition of Carpenter’s cell-site records was a Fourth Amendment search and therefore generally requires a warrant.
"Today's decision takes into account the 'seismic shifts' in technology and provides hope that privacy rights will survive in the digital age," said NACDL President Rick Jones.
"The Court’s message is clear: digital is different," said NACDL’s Fourth Amendment Center Senior Litigation Counsel and Co-Author of NACDL’s joint amicus brief Michael Price. "In declining to extend the ‘third-party doctrine’ to cell phone location records, the Court recognizes that data generated by new technologies may be an ‘entirely different species’ of information that demands Fourth Amendment protection."
The National Association of Criminal Defense Lawyers (NACDL), together with the Electronic Frontier Foundation, Brennan Center for Justice, Constitution Project, and National Association of Federal Defenders, filed a joint amicus brief in support of the petitioner in Carpenter. In that brief, amici argued that: (i) there has been a dramatic increase in location data generated by cell phones, collected by third parties, and routinely obtained by law enforcement without a warrant, (ii) Cell Site Location Information (CSLI) paints a revealing portrait of a person's movements, presenting even greater privacy concerns than the GPS tracker at issue in Jones, and (iii) the “third-party doctrine” is "ill-suited to the digital age" and should not apply to CSLI.
To learn more about NACDL's extensive work in the Fourth Amendment arena, visit www.nacdl.org/fourthamendment.
Pattern Cross-Examination for DNA and Biological Evidence: A Trial Strategy Guide
NACDL’s Pattern Cross-Examination for DNA and Biological Evidence will assist criminal defense practitioners in scoring points when cross-examining forensic experts in cases involving DNA and biological evidence. This resource contains thousands of questions that will help defense lawyers cross-examine challenging witnesses without reinventing the wheel with each new case. It includes pattern questions that can be used to dominate prosecution DNA experts and level the playing field at trial.
Cross-Examination of the Analyst in Drug Prosecutions (2nd Ed.) By James M. Shellow
Now in its second edition with some new material, James M. Shellow’s book offers what its title promises: ways of thinking about cross-examining the forensic analysts in drug cases. But the book is so much more than that. It offers a look inside the mind of one of the finest cross-examiners and defense lawyers the United States has produced in the last seventy years. This small book can inspire and direct you in making big changes in the way you defend your clients and think about the entire project of trying any case.
Justice For All, Justice Now White T-Shirt (Women’s)
This custom, vintage-faded NACDL t-shirt is 50% polyester, 25% cotton, and 25% rayon weighing 5.2 oz. and is lightwieght, flexible and soft, providing maximum comfort. It features the "Justice For All, Justice Now" slogan and Lady Liberty image on the front, with the NACDL logo on the back. Currently available in both men's and women's sizes in both black and white colors. View the full line-up of colors and sizes on our online store, as well as our other popular and best-selling t-shirt designs at: nacdl.org/store.
Drug Cases Resource Materials Collection - CD-ROM
NACDL’s Drug Cases Resource Materials Collection is the sweeping culmination of every single article of written materials ever published from each installment of NACDL's annual "Defending Modern Drug Cases" seminar. Totaling over 12,000 pages, this vast collection includes 12+ years of motions, briefs, reports, outlines, transcripts, case citations, scholarly articles, powerpoints and other written commentaries. This collection provides trial strategies and tactics you can immediately apply to your current cases.
Mental Illness & the Law: Addressing and Litigating Behavioral Health Disorders in Criminal Cases
Whether it is insanity, impairment, a disorder, or adolescent brain development; mental health and intellectual competence issues affect pretrial supervision, trial and sentencing, and your chances of successfully advocating for your impaired client. This training provides ideas and proven solutions to assist you in advocating for your client during trial, whether it be insanity defenses, jury selection, cross of expert witnesses, persuasion, or mitigation at sentencing.
Ivan Dominguez, NACDL Director of Public Affairs and Communications, (202) 465-7662 or firstname.lastname@example.org
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.