Account Searches
Compelled Decryption
Device Searches
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Opoku Order Granting Suppression
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Motion to Suppress Evidence
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Motion to Suppress Evidence Obtained From the Search of Defendants' Cell Phones
Rule 41(g)
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Motion for Return of Property Seized from AOL and Yahoo
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Motion for Relief Pursuant to Federal Rule of Criminal Procedure 41(g) and for Expungement
Resources
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Need a motion for Cellebrite UFED reports?
Read the rest of the request language here.
Video Trainings
When the Government Uses Social Media to Prosecute Your Client
This webinar from August 6, 2020 featured Hanni Fakhoury, Assistant Federal Public Defender in Oakland, CA, and Rachel Levinson-Waldman, deputy director of the Brennan Center’s Liberty & National Security Program.
Searching Computers, Phones, and Even Your Home Appliances
This program from November 29-30, 2018 featured Esha Bhandari, Senior Staff Attorney with the ACLU Speech, Privacy, and Technology Project, Catherine Crump, Director of the Samuelson Law, Technology & Public Policy Clinic at U.C. Berkeley School of Law, and Michael Price, Senior Litigation Counsel, NACDL Fourth Amendment Center.
Who’s Reading Your Clients’ Posts? Social Media Monitoring in Criminal Cases
This program from November 29-30, 2018 featured Matt Cagle, Technology and Civil Liberties Attorney with the ACLU of Northern California, and Hanni Fakhoury, Assistant Federal Public Defender, Federal Public Defender's Office (N.D. Cal.).
GDPR and the Cloud Act
This program from November 29-30, 2018 featured Greg Nojeim, Senior Counsel & Director of Freedom, Security and Technology Project, Center for Democracy & Technology
Keeping the Government Out of Your Digital Devices at the Border
This webinar from December 7, 2017 featured Esha Bhandari, a senior staff attorney with the ACLU Speech, Privacy, and Technology Project, where she works on litigation and advocacy to protect freedom of expression and privacy rights in the digital age.
Supplemental Resources
- "Making Warrants Great Again": Avoiding General Searches in the Execution of Warrants for Electronic Data by Jennifer Stisa Granick, Surveillance and Cybersecurity Counsel at the ACLU
- Developments in Federal Search and Seizure Law
- Border Searches & Digital Devices: Case List
NACDL has compiled a resource of district court cases that deal with the border search exception and digital devices, with special attention paid to challenges to digital searches after the landmark Riley v. California decision. The case list accompanies a primer to educate attorneys about the implications of CBP's claimed powers and offer strategies that will help them comply with their ethical obligations and responsibilities to their clients when entering the U.S.
Need help with a device search case?
The Center is available to provide consultations and litigation resources as well as direct assistance in support of a defendant’s Fourth Amendment claims. Specifically, the Center may assist in motion practice, preparation for suppression hearings, appellate strategy, brief writing, and oral argument. The Center also provides group trainings for defense lawyers around the country and upon request.
