ABA Panel Finds Electronic Search Decisions Lacking

Law360, Los Angeles (April 13, 2012, 8:20 PM EDT) -- Courts are struggling to apply the Constitution's Fourth Amendment prohibition on unreasonable searches and seizures to new technologies like GPS tracking and smartphones — and coming up short — a panel at an American Bar Association conference on e-discovery in government investigations agreed Friday.

"We've got to abandon the pretense that we can take a document written on parchment in 1789 and expect it to grapple with the problems of today," said U.S. Magistrate Judge John Facciola, the judge who signed off on the search warrant...
To view the full article, register now.