The ACLU of Oregon filed a motion urging the Oregon Supreme Court to allow review in State v. Forker, addressing whether and when law enforcement's long-term retention of digital evidence (for example, data stored on a cell phone or laptop) becomes unconstitutional.  The Fourth Amendment of the U.S. constitution and Article I, Section 9 of the Oregon state constitution impose restrictions on when and how the government may search people’s personal property – including in scenarios like this one, where a search takes place many years after the original criminal proceedings have concluded, and years after the property in question was supposed to have been relinquished or destroyed. These constitutional protections are particularly critical when it comes to digital evidence, because electronic devices store such vast quantities of intimate information about their owners.  It is inappropriate and unlawful for the state to hoard data for years “just in case” it may be useful later.  We hope that the Oregon Supreme Court will recognize the importance of this issue and allow review. 

Date filed

March 23, 2023