State v. Missak

Amicus brief arguing against overbroad search warrants as they pertain to cell phone data.

In a case involving text and online messages evidence, law enforcement officers obtained a search warrant that authorized the officers to access all information contained within the phone including stored electronic data, password protected files, address book, information about all calls, all internet information, stored photos, GPS data, and all texts. Defendant’s motion to quash the warrant was denied by the trial court, and that is the issue pending before the Appellate Division. The ACLU-NJ and national ACLU, as amici curiae, argued that the enormous intrusion on individuals’ privacy rights resulting from such broad warrants require that the Court adopt a rule, based on the foundational principles of the Fourth Amendment, that search warrants for cell phone data be limited to the categories of data that are likely to contain evidence of the crime and to the relevant time frame of the investigation.

In two separate opinions, the Appellate Division found that the state lacked probable cause to search the entire contents of the defendant’s cell phone.