In conjunction with the 2015 American Bar Association annual State of Criminal Justice publication, Louisa Marion and I have published a new chapter on “Digital Privacy and E-Discovery in Government Investigations and Criminal Litigation.” The article provides an in-depth look at many of the current and cutting edge issues raised by digital privacy and e-discovery in this context, including the search and seizure of ESI, warrantless searches of mobile phones, warrantless use of GPS devices, cell-site tracking, electronic searches at the border, 5th Amendment considerations, post-indictment discovery, social media, and the Stored Communications Act, among others.

This chapter was published in The State of Criminal Justice 2015. © 2015 American Bar Association (Criminal Justice Section). Reproduced with permission.