No one objects to searches and violations of privacy when law enforcement catches “the bad guys.” A case in point occurred when over 9,000 law enforcement officials from the United States and Australia collaborated to collect text messages by alleged criminals. Referred to in the United States as Operation “Trojan Shield”, the jurisdictional sweep stretched from Asia and the Middle East to Latin America.
How did they accomplish it? Authorities preloaded an app, ANoM, onto black-market cell phones they sold to the criminals. The encrypted phones sent every message not only to the intended recipient, but also to investigators.
Legal trend protects electronic data protected from warrantless search
Valid search warrants for cell remains a priority where citizens’ identities have been subsumed in digitally dominated world. Cases decided by the Supreme Court initiated a legal trend: The law has incorporated electronic data and communications into the meaning of papers and effects under the Fourth Amendment. The overwhelming approval of Proposal 2 last year provided clarity to the law that originally did not contain the specific language “electronic.”
Identify and utilize your Fourth Amendment remedies
Regardless of where they reside, all defendants require representation that will ensure only properly obtained evidence will be used against them. The information contained on the electronic device has evidentiary value. An experienced criminal defense attorney can assess your situation to present an argument that will protect your rights.