EPIC, ACLU, & EFF Push Court to Limit Warrantless Forensic Searches of Cell Phones

March 8, 2021

EPIC, together with the ACLU and EFF, recently filed an amicus brief in Wisconsin v. Burch, urging the Wisconsin Supreme Court to stop police from conducting warrantless forensic searches of cell phones and indefinitely retaining the data based on vague consent forms. The defendant in the case had verbally consented to a limited search of his text messages during a hit-and-run investigation. Police then asked him to sign a vague consent form that did not specify his phone would be forensically analyzed and the data stored indefinitely. Police used a forensic device to download the entire contents of the phone, retained a full copy, and disclosed data that was outside the scope of his limited verbal consent to another department for use in an unrelated investigation. In their brief, EPIC, ACLU, and EFF argued that someone who consents to a limited search does not reasonably expect police may access, copy, and store vast amounts of personal information held on their phone. These searches violate the Fourth Amendment by “enabl[ing] the State to rummage at will among a person’s most personal and private information whenever it wanted, for as long as it wanted” without a warrant. EPIC regularly files amicus briefs challenging unlawful access to cell phone data.

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