Presented by: Esha Bhandari, Staff Attorney, Speech, Privacy, and Technology Project, American Civil Liberties Union

Presented by Matt Mitchell, hacker, civil rights advocate, and Director of Digital Safety & Privacy, at Tactical Tech (also known as the Tactical Technology Collective)

In recent years, the government has increasingly turned to hacking as an investigative technique. Specifically, the Federal Bureau of Investigation (“FBI”) has begun deploying malware: software designed to infiltrate and control, disable, or surveil a computer’s use and activity.

Nearly every case involves a cell phone or an online account. Laws on device and account searches are continuing to evolve, as courts reconsider old doctrines that do not fit with the realities of the digital age. Below, find sample motions on suppressing emails, passcodes, and other electronically stored information.

Digital Forensics Guide Cell Phone Location and Tracking Forensics. 

Defendants’ Reply in Support of Motion to Dismiss in Abidor v. Napolitano.

Plaintiffs’ Memorandum of Law in Opposition to Defendants' Motion to Dismiss

Defendants’ Memorandum of Law in Support of Motion to Dismiss

NACDL and ACLU complaint filed against the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE) challenging the DHS policy authorizing suspicionless search and seizure of travelers' electronic devices.

Brief of Amici Curiae Electronic Frontier Foundation, American Civil Liberties Union Foundation, ACLU of Wisconsin, Inc., and the National Association of Criminal Defense Lawyers in Support of Defendant-Appellant.

Brief of Amici Curiae Electronic Frontier Foundation, Asian Americans Advancing Justice-Asian Law Caucus, Council on American-Islamic Relations (CAIR), CAIR California, CAIR Florida, CAIR New York, CAIR Ohio, and the National Association of Criminal Defense Lawyers in Support of Defendant-Appellant.

Brief of Amici Curiae Electronic Frontier Foundation and the National Association of Criminal Defense Lawyers in Support of Defendant-Appellant.

Brief of Amici Curiae Electronic Frontier Foundation, Asian Americans Advancing Justice-Asian Law Caucus, Brennan Center for Justice, Council on American-Islamic Relations (CAIR), CAIR California, CAIR Florida, CAIR Missouri, CAIR New York, CAIR Ohio, CAIR Dallas/Fort Worth, and the National Association of Criminal Defense Lawyers in Support of Defendant-Appellant.

Brief of Amici Curiae Electronic Frontier Foundation and the National Association of Criminal Defense Lawyers in Support of Defendant-Appellant.

NACDL adopts a report and recommendations on law enforcement searches of digital evidence.