Electronic devices, such as cell phones and personal computers, are becoming consistently more difficult for law enforcement to access because individuals use passwords to limit intrusions. This additional layer of privacy enhances the protection of the Fourth Amendment to these devices.
The Supreme Court has already held that searches of these types of devices should be treated differently than other searches. Even when these searches are permitted by courts they are becoming increasingly difficult because of the additional challenges presented by passwords.
Ultimately, all of our clients should never consent to police searches of their property, including their personal electronic devices. This maximizes our clients' chances of prevailing in litigation and potentially even preventing charges from ever being brought.
