Category Archives: Landmark Supreme Court Cases

Do The Police Need a Warrant To Search Contents On Your Mobile Device?

Recent Supreme Court ruling reinforces protection under the 4th Amendment.

You’re casually driving through town when you see what appears to be the dreaded flashing lights of a law enforcement vehicle through your rear-view mirror. You Law Offices of William R. Livelydutifully (but safely) pull over, only to be accused of driving while texting.

“But no, officer. I know the laws, and would never do something like this.”

The polite but firm official offers a solution: He asks for access to your mobile device to prove you weren’t texting while driving.

What might your options be in this situation?

To be clear in this hypothetical scenario, we said that the officer ASKS  you for your mobile device. He’s using a version of “probable cause” in an effort to prove, or disprove, your innocence. Now there are some establishing guidelines for probable cause, such as the officer witnessing what may have appeared to be your making motions while driving that could be interpreted as using your mobile device to send a text message (Which is against the law in California). Were this the case, the officer can attempt to establish probable cause to initiate a search without a warrant.  Continue reading Do The Police Need a Warrant To Search Contents On Your Mobile Device?

Historic Court Cases: Loving v Virginia

Landmark Supreme Court Ruling One Of The First To Define Marriage On a Federal Level

In the segregated south, there were working class enclaves that seemed to defy Jim Crow and all he stood for. In these more remote regions mostly populated by

Loving v. Virginia
Richard and Mildred Loving

farmers, sharecroppers and day laborers, blacks and whites lived and worked side by side. One of these enclaves was located in the community of Central Point in Caroline County, VA where in June 1958, Richard Loving, a Caucasian, married his childhood sweetheart, Mildred Jeter. who was of African-American and Rappahannock Native American descent.

Less than one month later, the door to their home was forced open in the early morning hours by the Caroline County Sheriff, and the Lovings were taken into custody and arrested under 20-58 and 20-59 of the Virginia code, a felony violation punishable by between one and five years in jail if convicted.  According to the couple, they violated a 34 year old anti miscegenation law that forbade interracial marriage. They were both held in custody until Richard Loving made bail. Mrs. Loving was subsequently released on recognizance to her father. The couple was warned not to return home or be seen together under any circumstances. Continue reading Historic Court Cases: Loving v Virginia