Snap v. Pina

Joint Application of the California Attorneys for Criminal Justice, the California Public Defender Association, the National Association Of Criminal Defense Lawyers, the New York Legal Aid Society, the Innocence Project, Inc., the New York County Defender Services, the Federal Defenders Office for the Eastern District Of California, the Dallas County Public Defender’s Office, and the Salt Lake Legal Defender Association to Appear as Amicus Curiae on Behalf of Real Party in Interest Pina Pursuant to California Rule of Court, Rule 8.520 (F), and Brief in Support of Real Party in Interest Pina.

Brief filed: 02/24/2025

Documents

Snap v. Pina

Supreme Court of California; Case No. S286267

Argument(s)

We think this case can be decided simply by finding the Stored Communications Act (SCA), 18 U.S.C. § 2701 et seq., does not impliedly create an unqualified evidentiary privilege for “electronic communication service” providers, including social media companies. Courts’ interpretation of the Stored Communications Act (SCA) carries momentous implications for the ability of people across the country to defend themselves against criminal accusations. As the type and amount of material shared online balloons, evidence obtained from social media plays an increasingly prominent role in criminal trials. Social media content holds equal, if not even greater, import for the accused mounting a defense. Yet, unlike law enforcement, they are regularly denied access to messages, photos, and videos essential to their defenses based on the extrapolative interpretation of the SCA advanced by petitioners.

 

Author(s)

Donald E. Landis, Law Office Of Donald E. Landis, Jr., Carmel, CA; Kathleen Guneratne, Alameda Public Defenders Office, Oakland, Aa; John T. Philipsborn, Law Offices Of J.T. Philipsborn, San Francisco, CA; Martín Antonio Sabelli, Law Offices Of Martín Sabelli, San Francisco, CA, Jerome D. Greco, The Legal Aid Society, New York, NY; Tania Brief, Innocence Project, Inc, New York, NY; Stan German, New York County Defender Services, New York, NY; Heather E. Williams, The Federal Defenders Office For The Eastern District Of California, Sacramento, CA; Paul Blocker, Dallas County Public Defender Office, Dallas, TX; Richard Mauro, The Salt Lake Legal Defender Association, Salt Lake City, UT

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