As of December 18, 2024, the ACLU of Delaware is representing a client in his Third Circuit appeal, arguing that the Delaware State Police (DSP) have been relying on general warrants in violation of the Fourth Amendment. These warrants allow them to conduct far sweeping searches of all the data on a person's digital device, rather than conducting specific searches with clear parameters and objectives.
After a series of encounters and insults were exchanged between Mark Shotwell and DSP, DSP accused Mr. Shotwell of making "terroristic threats" against them. They also thought that he possessed guns in violation of an existing court order against him merely because he posted comments on Facebook supporting gun ownership. As such, they obtained warrants to search Mr. Shotwell's home for any weapons (of which they found none) and all of his electronic devices. They then searched through tens of thousands of files stored on Mr. Shotwell's devices before determining that Mr. Shotwell had not engaged in any terroristic threatening. Such a broad search violated Mr. Shotwell's Fourth Amendment rights.
The Fourth Amendment is meant to protect the people from unreasonable searches and seizures and is fundamental to maintaining our right to privacy, whether online or offline. The ACLU of Delaware stands in firm opposition to the abuse of law enforcement tactics that erode this constitutional right.
