The United States Supreme Court, in Riley v. California, 134 S. Ct. 2473, 2491 (2014), recognized the immense privacy interests implicated in the search of a modern smartphone, which would “typically expose to the government far more than the most exhaustive search of a house: A phone not only contains in digital form many sensitive records previously found in the home; it also contains a broad array of private information never found in a home in any form.”  Riley struck down searches of smartphones incident to arrest, finding that a search of a smartphone is subject to the Fourth Amendment’s warrant clause.  Since the Riley decision, courts have been increasingly called upon to scrutinize warrants for cellphones, cell-site location information, and social media to ensure that such warrants comply with the Fourth Amendment’s warrant clause, which commands that a warrant only issue upon probable cause and that the warrant “particularly describ[e] the place to be searched, and the persons or things to be seized.” Many warrants issued for cellphones and social media are not limited temporarily or by data type sought, leading courts to criticize such warrants as overly broad in violation of the Fourth Amendment and in certain cases, refusing to issue overly broad warrants or striking them down.  This CLE provides an update on recent cases in this developing area of the law and examines the application of the Fourth Amendment’s probable cause and particularity requirements to warrants.

Joseph King
Partner
King Campbell Poretz and Mitchell, PLLC

Joseph King is a partner with King Campbell Poretz & Mitchell, PLLC, in Alexandria. Mr. King’s criminal defense portfolio includes defending state and federal murder cases, federal white collar matters, federal and state drug offenses, as well as post-conviction and appellate work. His work in criminal defense has been recognized by Best Lawyers in America, Virginia Super Lawyers and top regional publications The Washingtonian and Northern Virginia Magazine. Before establishing his private legal practice in 2008, Mr. King worked as an attorney at the Alexandria Office of the Public Defender (2004-2008), which has a number of alumni recognized among the Washington, D.C., metropolitan area’s top trial lawyers. During his time as a public defender, Mr. King diligently worked on behalf of his indigent clients and attended the respected Trial Practice Institute at the National Criminal Defense College in Macon, Georgia. Mr. King received his J.D., cum laude, from The University of Michigan Law School in 2003. He earned a master’s degree in History from George Mason University in 1996 and a bachelor’s degree in Physics from Mary Washington College in 1992. 

Sean A. Sherlock
Partner
King Campbell Poretz and Mitchell, PLLC

Sean A. Sherlock is partner at King, Campbell, Poretz, and Mitchell PLLC, where he focuses his practice on criminal defense, domestic relations, and personal injury.  Prior to that, Sean served as an Assistant Commonwealth’s Attorney for the City of Alexandria for over five years.  During his time as a prosecutor Sean handled serious offenses including homicides, gang crimes, R.I.C.O., and domestic violence.  Sean has taught at state-wide and local CLE conferences, and has trained hundreds of law enforcement officers on topics including domestic violence, criminal street gangs, Fourth and Fifth Amendment issues, and others.  Sean also guest-lectures at American University, Washington College of Law on topics including Ethics for Trial Lawyers and Litigation Skills. Sean graduated cum laude from American University, Washington College of Law, where he was also a Dean’s Fellow and a member of the International Law Review.  He is a graduate of Penn State University, where he earned a BA in Political Science.  He was born in the City of Alexandria, where he currently resides with his saintly wife Christina and three awesome daughters.