On April 9, 2014, we filed an amicus curiae brief in the case of United States v. Wurie. The issue before the court is whether arresting officers can search the cell phone of a person arrested without a warrant. However, the underlying issue in Wurie and its companion case, Riley v. California, is whether the Court will continue to apply its evolving reasonable expectation of privacy test birthed in Katz v. United States to searches incident to arrest, or instead continue with its restoration of property principles begun inUnited States v. Jones and Florida v. Jardines.
The amicus curiae brief was filed on behind of: Downsize DC Foundation, DownsizeDC.org, Gun Owners Foundation, Gun Owners of America, Inc., U.S. Justice Foundation, National Association for Gun Rights Inc., Center for Media and Democracy, Lincoln Institute for Research and Education, Western Journalism Center, Free Speech Coalition, Free Speech Defense and Education Fund, Abraham Lincoln Foundation, Institute on the Constitution, Conservative Legal Defense and Education Fund, and Policy Analysis Center.