Brief filed: 12/13/2024
Documents
United States v. Silva
2nd Circuit Court of Appeals; Case No. 24-2182
Argument(s)
The Fourth Amendment requires a showing that a cellular phone was used in connection with a crime so as to justify its search, not merely that it was possessed by a person who may have committed an offense. The government’s theory for establishing probable cause would swallow Riley’s protections and render the Fourth Amendment’s nexus requirement a mere formality.
Author(s)
Adeel Bashir, National Sentencing Resource Counsel - Federal Public and Community Defenders, Tampa, FL; Richard D. Willstatter, Vice Chair, NACDL Amicus Committee, White Plains, NY, Stephen N. Preziosi, Chair, NYSACDL Amicus Committee, New York, NY.
