The Champion

May 2014 , Page 55 

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Getting Scholarship Into Court Project

By Getting Scholarship Into Court Project

Read more Getting Scholarship Into Court Project columns.

Editor’s Note: The “Getting Scholarship Into Court Project” brings helpful law review articles and other writings to the attention of criminal defense attorneys. The project’s purpose is to identify scholarship that will be especially useful to courts and practitioners. Summarized on this page are articles the project’s advisory board recommends that practicing lawyers take the time to read.

Adam M. Gershowitz
Seizing a Cellphone Incident to Arrest: Data Extraction Devices, Faraday Bags, or Aluminum Foil as a Solution to the Warrantless Cellphone Search Problem
22 wm. & mary b. rts. j. 601 (2013)
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2313911 

Courts are deeply divided on the question of whether police can search a cellphone incident to arrest without a warrant. This essay argues that the Supreme Court should not authorize warrantless cellphone searches. However, the Court should allow law enforcement to seize cellphones with-out a warrant and immobilize the d

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