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Brief in Support of Certiorari
U.S. Supreme Court
Similar to our amicus filing in Miller v. United States, we highlight the searches of emails without a warrant by law enforcement. These types of digital media searches using the private-search doctrine violate the Fourth Amendment as individuals do not give the government an implied license to search their emails. The Fourth Amendment protects individuals and their vast amounts of personal information from warrantless searches justified solely on a third-party service provider’s assumption that an email may contain evidence of a crime.
Filed with DKT Liberty Project and Reason Foundation.
Petition for certiorari denied June 21, 2021.
Due Process Institute thanks Jessica Ring Amunson and Caroline Cease of Jenner & Block LLP for their pro bono support in this matter.
Brief in Support of Certiorari
U.S. Supreme Court
In this amicus brief, we argue the searches of emails collected and sent by a third-party service to law enforcement constituted a trespass. The private-search doctrine used to justify these searches does not appropriately safeguard Fourth Amendment interests when digital mediums are involved. The government cannot maintain an individual, by using an email account, grants them implied license to rifle through their emails.
Filed with DKT Liberty Project and Reason Foundation.
Petition for certiorari denied June 21, 2021.
We thank Jessica Ring Amunson and Caroline Cease of Jenner & Block LLP for their pro bono work on this case.
Amicus Brief in Support of Certiorari
Pennsylvania Supreme Court
This case involved an application of the private search doctrine to digital devices. We argued that greater protection should be given to devices such as cell phones and laptops because the volume and type of material available on those devices is at least, if not more, private than what can be found in one’s home. Filed with DKT Liberty Project and Reason Foundation.
OUTCOME: Unfortunately, this petition for certiorari was denied May 4, 2020.
Amicus Brief in Support of Petitioner
U.S. Supreme Court
Is there a 4th Amendment warrant requirement exception for a statute stating that an individual can implicitly consent to a blood draw? Filed wtih DKT Liberty Project and Reason Foundation.
OUTCOME: The Court unfortunately ruled against Mitchell in an opinion dated June 27, 2019 that you can read here.