Making Warrants Great Again: Avoiding General Searches in Executing Warrants for Electronic Data

Case law generally requires law enforcement officers to get a warrant before they search a cellphone, track someone’s location, or obtain sensitive records from service providers. The question whether a warrant is necessary is only the first step. The next question: What does a warrant require? Jennifer Granick reveals the three ways current search warrant practice falls short. She lays out the legal arguments favoring narrow, tailored searches and seizures.