Federal criminal cases are no different than cases brought in state courts such as Georgia, Florida or Alabama. The explosion of technology requires courts to balance the needs of law enforcement with the protections for individual liberty enshrined in our Constitution. Sometimes, when the suspect is investigated for a “bad” crime like targeting minors for sex, the courts simply ignore that the protections for individual liberty apply to everybody equally. In an opinion issued today by the United States Court of Appeals here in Atlanta several blocks from our offices, that court permitted the search of a cellphone that had no connection to the alleged crime from seven years earlier. The case is U.S. v. Mathis and can be read here.
In 2004, the Defendant supposedly got a then 14-year old to have sex. Remember, this was 2004, a veritable lifetime ago in the world of cellphones and communication technology. Seven long years later, the young person was by then 21, and decided to tell the police about his encounter with the Defendant back in 2004. The young person said that back in 2004 he and the Defendant had phone calls and exchanged text messages using the Defendant’s phone. Now, here’s the important part: the police knew that the Defendant, like just about everybody else, had changed cellphones in the intervening seven years.