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.

Brief of Amici Curiae Electronic Frontier Foundation, Brennan Center for Justice, Center for Democracy and Technology, and National Association of Criminal Defense Lawyers in Support of Defendant-Appellant and Reversal

Fourth Amendment Protects E-Mail From Warrantless Government Surveillance, Federal Court Rules - Washington, DC (December 15, 2010) – The National Association of Criminal Defense Lawyers praised the federal appeals court decision protecting email privacy. For the first time, a federal court has ruled that law enforcement must obtain a search warrant before it can search and seize a subscriber’s email that is stored on the computers of his Internet service provider (ISP).