Carpenter v. United States caused a significant expansion of Fourth Amendment privacy rights for digital evidence and remote data. That evolution has grown with appellate courts issuing decisions analyzing affidavits for probable cause (PC), particularity, and a nexus to the requested data. This presentation explains several of those decisions and explores how they impact affidavits for digital evidence search warrants. Additionally, participants will learn how to show a link between the PC to specific evidence.
Learning Objectives:
Learn how appellate courts are instituting the Supreme Court decision in Carpenter v. United States
Understand what courts are looking for to establish probable cause for search warrants
Understand how to satisfy the particularity requirement of the 4th Amendment when seeking search warrants