Washington, DC (April 24, 2014) – Next Tuesday, April 29, 2014, the United States Supreme Court will hear arguments in two important cases related to law enforcement searches of cellphones incident to arrest and the Fourth Amendment. The first case, United States v. Wurie, asks if police, without obtaining a warrant, should be allowed to review an arrestee’s cellphone call log. The second case, Riley v. California, focuses on the admissibility of evidence seized through the search of an arrestee’s Smartphone without a warrant.
The National Association of Criminal Defense Lawyers (NACDL) has long maintained that the Fourth Amendment does not die the moment an individual encounters a police officer or is suspected of a crime. NACDL filed amicus briefs in both of these cases arguing that the police should obtain a warrant before searching the contents of an individual’s cellphone and call log. And in both Riley and Wurie NACDL encourages the Court and the public to recognize the real world loss of privacy that would occur if Fourth Amendment protections and individual privacy interests are not upheld.
NACDL Executive Director Norman Reimer said: "Allowing the police to search the contents of a cellphone without obtaining a warrant would be an affront to America’s long history of individual privacy rights. It is akin to granting the police the right to search the most intimately personal details of our lives. The police would have access to the messages we exchange with our family members, the private photos we took last weekend, or even privileged calls to our criminal defense lawyer. A person would need a specially designed app just to keep track of the loss of privacy this would entail."
NACDL’s amicus brief in United States v. Wurie, filed jointly with the National Association of Federal Defenders is available here.
NACDL’s amicus brief in Riley v. California, filed jointly with the Brennan Center for Justice at New York University Law School is available here.
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.
Isaac Kramer, Public Affairs and Communications Assistant, (202) 465-7656 or email@example.com.
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.