First set of briefs are filed in the cell phone search cases

The Supreme Court will hold oral argument in late April in two cases on searching a cell phone incident to arrest, United States v. Wurie and Riley v. California. In Wurie, the United States is the petitioner; in Riley, the petioner is a criminal defendant. The first-round merits briefs were recently filed, and I thought some VC readers might be interested in links to them. You can read the defendant’s brief in Riley here, and you can read the government’s brief in Wurie here.

I had originally hoped to author or contribute to an amicus brief about the technology of cell phones and cell phone forensics. My idea was to have a brief in favor of neither side that had no legal discussion but that gave the Justices as clear and accurate a sense as possible about the underlying technological issues. Unfortunately, it didn’t happen, for a range of reasons. But if my schedule permits, I may end up blogging about some of the technological questions anyway in the coming weeks.

Orin Kerr is the Fred C. Stevenson Research Professor at The George Washington University Law School, where he has taught since 2001. He teaches and writes in the area of criminal procedure and computer crime law.

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