Technology

According to a new report from the Governing Institute, a majority of legislators understand that cyber threats are evolving and pose a risk to their state, but only 18 percent of respondents currently sit on a committee with cybersecurity as part of its mandate and 80 percent of respondents do not know if their state has a cyber-emergency incident plan in place.

The arrest of an Uber driver in connection with a shooting spree in Kalamazoo, Michigan last weekend has brought renewed focus to the rigor with which rideshare companies conduct background checks of their drivers. State and local governments have been looking at the background check issue in a number of ways as part of rideshare-related legislation over the past year. Here’s a primer.

An Illinois law that sets guidelines for how police use body cameras and establishes new training and reporting requirements for law enforcement took effect in January. These statutory changes do not require the use of body cameras, but they do establish new statewide protocols. For example, the devices must be turned on at all times when an officer responds to a call or is engaged in other law enforcement activities. (Crime victims or witnesses can ask that the cameras be turned off.) New rules on the disclosure and retention of the cameras’ recordings are also now in place.

As technology and demand have made unmanned aircraft systems (UAS) – commonly called drones – cheaper and more accessible, concerns about their use by law enforcement have grown. In an attempt to balance public safety with privacy rights, the California legislature recently passed AB 1327, making it the most recent state to tackle the issue.

Warrantless searches of cellphones?  Simple question.  Simple answer.  No (generally).  

In Riley v. California the Supreme Court held unanimously that generally police must first obtain a warrant before searching an arrested person’s cellphone.

Police searched David Riley’s cell phone after he was arrested on gun charges and found evidence of gang activity.  In a second case, police arrested Brima Wurie for selling drugs and used his cell phone to figure out where he lived—where they found more drugs and guns.    

The Fourth Amendment requires police to obtain a warrant before they conduct a search unless an exception applies.  The exception at issue in this case is a search incident to a lawful arrest.