Articles

SEO Pleading the 5th mode (IL Illustration/Brad Turner)

Court order to access smartphone stirs 5th amendment concerns

When does an action become testimonial? What role do technological advances play in Fifth Amendment analyses? When can law enforcement compel people to unlock their cellphones without infringing on constitutional rights? The Indiana Court of Appeals is grappling with those questions as it considers a Fifth Amendment case of first impression.

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Supreme Court grants transfer in cellphone data privacy case

After an Ohio man’s convictions of armed robbery in Dearborn County were overturned by a divided Indiana Court of Appeals in August, the Indiana Supreme Court has agreed to hear the state’s appeal and decide if cellphone users have a reasonable expectation to the privacy of their tracked location information.

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State’s inaction does not allow man to appeal sentence

The Indiana Court of Appeals rejected a defendant’s claim that he should be given an opportunity to appeal his sentence, an option he waived by entering into a plea agreement, even though the trial court erroneously indicated he had a right to appeal and the state did not object to that advisement.

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Judges dismiss man’s untimely appeal

The Indiana Court of Appeals rejected a man’s argument that even though his appeal was untimely, the court should still address his appeal because of “considerations of justice.”

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