EPIC Amicus Curiae Briefs
EPIC frequently files amicus curiae, or "friend of the court", briefs in federal and state appellate cases concerning emerging privacy and civil liberties issues.
We work closely with technical experts and legal scholars, members of the EPIC Advisory Board, on these briefs. EPIC's amicus briefs assist judges in their analyses of novel privacy issues, often involving new technology. Many of these cases are complex and technical. Judges often acknowledge EPIC's briefs in their opinions, and have expressed gratitude for EPIC's participation in important cases. EPIC's decision to participate as amicus in a particular case typically follows an extensive review of matters pending before federal and state courts.
Interested in potential amicus opportunities in pending privacy, civil liberties, and technology cases? Visit the EPIC Amicus Tracker.
Search results for: Fourth Amendment
Sanchez v. LA Dep't of Transportation No. 21-55285
U.S. Court of Appeals for the Ninth Circuit | Fourth AmendmentWhether compelled disclosure of detailed location information on individual e-scooter trips violates the Fourth Amendment
Documents
EPIC's Amicus Brief
July 30, 2021
United States v. Morton No. 19-10842
U.S. Court of Appeals for the Fifth Circuit | Fourth AmendmentWhether law enforcement can perform an invasive forensic search of the entire contents of a phone when it only has probable cause to search some of the data on the phone.
Documents
EPIC's Amicus Brief
July 13, 2021
Wisconsin v. Burch 2019-AP-1404
Wisconsin Supreme Court | Fourth AmendmentWhether a reasonable person who verbally consents to a limited search of their cell phone authorizes law enforcement to download that phone’s entire contents, store a copy of the data indefinitely, and use it in unrelated investigations based on a vague consent form.
People v. Wilson No. S265795
California Supreme Court | Fourth AmendmentWhether the Fourth Amendment permits constant scanning of images uploaded to Google with corresponding reports automatically sent to law enforcement, absent evidence establishing that the underlying algorithm is accurate and reliably detects only images previously viewed by Google employees.
Commonwealth v. Zachery SJC-12952
Massachusetts Supreme Judicial Court | Fourth AmendmentWhether a person has a reasonable expectation of privacy in information relating to their use of a public transportation card, or in any data that card may contain or generate.
Anibowei v. Wolf No. 20-10059
U.S. Court of Appeals for the Fifth Circuit | Fourth AmendmentWhether the border search exception to the Fourth Amendment warrant requirement should be extended to cell phones
Documents
EPIC's Amicus Brief
June 9, 2020
Kansas v. Glover No. 18-556
Supreme Court | Fourth AmendmentWhether the Fourth Amendment allows police to stop a car when the only reason police have for the stop is that the car’s registered owner has a suspended license.
United States v. Wilson 18-50440
U.S. Court of Appeals for the Ninth Circuit | Fourth AmendmentWhether the Fourth Amendment permits constant scanning of images uploaded to Google with corresponding reports automatically sent to law enforcement, absent evidence establishing that the underlying algorithm is accurate and reliably detects only contraband images
United States v. Miller 18-5578
U.S. Court of Appeals for the Sixth Circuit | Fourth AmendmentWhether the Fourth Amendment permits constant scanning of images uploaded to Google with corresponding reports automatically sent to law enforcement, absent evidence establishing that the underlying algorithm is accurate and reliably detects only contraband images
Jackson, et al v. McCurry, et al 762 Fed. Appx. 919 (11th Cir. 2019)
U.S. Court of Appeals for the Eleventh Circuit | Fourth AmendmentWhether school administrators may access and search the contents of a student's cell phone without consent
Byrd v. United States 138 S. Ct. 1518 (2018)
Supreme Court | Fourth AmendmentWhether a driver can challenge a warrantless search of a rental vehicle under the Fourth Amendment if they are not registered on the car rental contract
Apple v. FBI CM 16-10 (SP)
Central District of California | Fourth AmendmentConcerning an Order Requiring Apple to Create Custom Software to Assist the FBI in Hacking a Seized iPhone
Documents
EPIC's Amicus Brief
March 3, 2016
Utah v. Strieff 136 S. Ct. 2056 (2016)
Supreme Court | Fourth AmendmentConcerning Whether An Outstanding Arrest Warrant Attenuates the Taint of an Unlawful Detention
Commonwealth v. White 475 Mass. 583 (2016)
Massachusetts Supreme Judicial Court | Fourth AmendmentWhether schools may turn over to the police a student's cell phone without a warrant
United States v. Ganias 824 F.3d 199 (2d Cir. 2016)
U.S. Court of Appeals for the Second Circuit | Fourth AmendmentWhether the Government violated the Fourth Amendment when they retained non-pertinent files for more than two years after the files were seized in an unrelated investigation
City of Los Angeles v. Patel 135 S. Ct. 2443 (2015)
Supreme Court | Fourth AmendmentWhether a city ordinance authorizing warrantless and suspicionless searches of hotel guest registries violates the Fourth Amendment
State v. Davis 360 P.3d 1161 (N.M. 2015)
New Mexico Supreme Court | Fourth AmendmentWhether aerial surveillance within the super adjacent space surrounding a dependant's home is a search under the Fourth Amendment and the New Mexico Constitution
Riley v. California 134 S. Ct. 2473 (2014)
Supreme Court | Fourth AmendmentWhether a warrantless search of a cell phone during an arrest violates the Fourth Amendment
Maryland v. King 569 U.S. 435 (2013)
Supreme Court | Fourth AmendmentConcerning the Constitutionality of Mandatory DNA Collection Pre-Conviction
Florida v. Harris 568 U.S. 237 (2013)
Supreme Court | Fourth AmendmentWhether an investigative technique that law enforcement asserts reliably identifies the presence of contraband is sufficient to satisfy the probable cause requirement of the Fourth Amendment and thereby allows routine warrantless searches.
United States v. Jones 565 U.S. 400 (2012)
Supreme Court | Fourth AmendmentConcerning Warrantless GPS Installation and Tracking Under the Fourth Amendment
Tolentino v. New York 563 U.S. 123 (2011)
Supreme Court | Fourth AmendmentConcerning Suppression of Evidence Accessed After an Illegal Police Search
City of Ontario v. Quon 560 U. S. 746 (2010)
Supreme Court | Fourth AmendmentConcerning Text Messaging Privacy in the Workplace
Commonwealth v. Connolly 454 Mass. 808 (2009)
Massachusetts Supreme Judicial Court | Fourth AmendmentConcerning GPS Tracking of a Vehicle as a "Search and Seizure"
New Jersey v. Reid 194 N.J. 386, 954 A.2d 503 (N.J. 2008)
New Jersey Supreme Court | Fourth AmendmentConcerning ISP subscriber privacy
Documents
EPIC's Amicus Brief
June 30, 2006
Kohler v. Englade 470 F. 3d 1104 (5th Cir. 2006)
U.S. Court of Appeals for the Fifth Circuit | Fourth AmendmentConcerning DNA Dragnets
United States v. Kincade 379 F.3d 813 (9th Cir. 2004)
U.S. Court of Appeals for the Ninth Circuit | Fourth AmendmentConcerning DNA collection
Hiibel v. Sixth Judicial Dist. Ct. of Nev., Humbolt County 542 U. S. 177 (2004)
Supreme Court | Fourth AmendmentWhether an individual who has not been arrested may refuse to identify himself to a law enforcement officer
United States v. Bach 310 F.3d 1063, 1066 (8th Cir. 2002)
U.S. Court of Appeals for the Eighth Circuit | Fourth AmendmentConcerning service of a warrant by fax
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