Plead the Fifth (Cir.)
Plead the Fifth is a platform for attorneys to talk about the jurisprudence of the Fifth Circuit Court of Appeals. In each episode, we pick several newly issued cases from the docket, and we invite experienced appellate attorneys to discuss the significance of those cases. Our discussions focus on issues that relate to civil rights and the criminal justice reform.
Plead the Fifth (Cir.)
"May I search your phone, with good faith?"
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Leo Yu
Can a police officer search a criminal suspect's cell phone in full, when the only charge in the warrant was drug possession, and the affidavit provided barebone justification? This is the question the Fifth Circuit was presented in U.S. v. Morton. The Morton case presents an issue that is not fully resolved by the Supreme Court - what kind of protection a cell phone deserves under the Fourth Amendment? Treat it like a person's home? Or, more than a home?
We have the privilege to have two guest attorneys who are directly involved in this case to share some insights: Brandon Beck from the Federal Public Defender's Office, who argued this case at the Fifth Circuit, and Aisha Dennis from the National Association of Criminal Defense Lawyers.
