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9 Fed. Cts. L. Rev. 1 (2015-2016)
Search Warrants for Cell Phones and Other Locations Where Electronically Stored Information Exists: The Requirements for Warrants under the Fourth Amendment

handle is hein.journals/fecourtl9 and id is 285 raw text is: Waxse Final Publication Vol9Lss3 (Do Not Delete) 2/17/2016 11:14AM THE FEDERAL COURTS LAW REVIEW Volume 9, Issue 3 2016 SEARCH WARRANTS FOR CELL PHONES AND OTHER LOCATIONS WHERE ELECTRONICALLY STORED INFORMATION EXISTS: THE REQUIREMENTS FOR WARRANTS UNDER THE FOURTH AMENDMENT David J. Waxse* United States Magistrate Judge TABLE OF CONTENTS INTRODUCTION............................. ...................... 1 I. BACKGROUND: WHAT CAN LAW ENFORCEMENT OFFICERS SEARCH WITH OR WITHOUT A WARRANT? ............................. 2 A. Warrants and Exceptions ................................... 2 B. Searches Incident to an Arrest ............. .............. 3 II. ELECTRONICALLY STORED INFORMATION ....................... 4 A. A Brave New World.................................. 4 B. Types of Information Sought................5.........5 C. The Stored Communications Act ......................... 6 III. PARTICULARITY AND PROBABLE CAUSE ........................ 6 IV. OLD SOLUTIONS TO NEW PROBLEMS ..........11.............11 INTRODUCTION When the Framers crafted the language in the Fourth Amendment, there is no way that they could imagine that, someday, citizens could have their entire life stories, including pictures, messages, and memories, stowed Waxse Final Publication Vol9Iss3 (Do Not Delete) 2/17/2016 11:14 AM

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