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U.S. Supreme Court
Steve Wasserman Louis Sartori
DLA Piper LLP
The Legal Aid Society filed this amicus brief to urge the U.S. Supreme Court to grant certiorari in Diaz v. State of New York and find that the Fourth Amendment bars the government from obtaining the recordings of telephone conversations made by pre-trial detainees to their family and friends absent a warrant. We argued that New York State’s highest court had misapplied the Supreme Court’s holding on the third-party doctrine in Carpenter v. United States when it allowed prosecutors to review and use phone records though Rikers Island had expressly told detained individuals that their phone calls were being recorded for the sole purpose of security. Certiorari was denied in October 2019.