Mark Linton - Michigan Criminal Appellate Attorney

Mark Linton - Michigan Criminal Appellate Attorney The best criminal defense and criminal appellate attorney in Jackson County. Mark is an expert criminal defense and criminal appellate attorney.

Call today for a free consultation. Mark enjoys watching Michigan State football and basketball along with the Detroit Lions. He also love spending time with his family and two dogs. He regularly attends the kickboxing and boxing classes at Patriot Combat Sports in Jackson.

08/26/2026

When does prosecutorial misconduct become grounds for a criminal appeal in Michigan?

Not every improper statement or action by a prosecutor will result in a conviction being reversed. Michigan appellate courts look closely at what occurred during the trial, whether an objection was made, and whether the conduct affected the defendant’s right to a fair trial.

In our latest article, we explain common examples of prosecutorial misconduct—including improper arguments, withheld evidence, burden shifting, witness vouching, and discovery violations—and how these claims are evaluated on appeal.

Read more:
https://www.michiganappealsattorney.com/post/prosecutorial-misconduct-michigan

A legal mistake at trial does not always mean a conviction will be reversed.Under Michigan’s harmless error rule, an app...
08/17/2026

A legal mistake at trial does not always mean a conviction will be reversed.

Under Michigan’s harmless error rule, an appellate court may agree that something went wrong but still uphold the conviction if the error did not affect the outcome.

In our latest article, Michigan appeals attorney Mark Linton explains how courts decide whether an error was harmless, or serious enough to warrant reversal.

Learn more:

The harmless error rule can determine whether a legal mistake leads to reversal or a conviction stands. Learn how Michigan appellate courts decide when an error affected the outcome of a criminal case.

It's a common assumption, but in Michigan, not every case can be appealed the same way.Some decisions qualify for an App...
08/10/2026

It's a common assumption, but in Michigan, not every case can be appealed the same way.

Some decisions qualify for an Appeal of Right, meaning the Court of Appeals must review the case. Others require an Application for Leave to Appeal, where the court first decides whether it will hear the appeal at all.

Understanding that distinction is one of the first—and most important—steps in protecting your appellate rights.

In this new guide, Michigan appellate attorney Mark Linton explains:
• When an Appeal of Right applies
• When Leave to Appeal is required
• Why filing the wrong type of appeal can put your case at risk

Read the full article:
https://www.michiganappealsattorney.com/post/appeal-of-right-vs-application-for-leave-to-appeal-in-michigan

Can mistakes made by a trial attorney be challenged after a criminal conviction?In some cases, the answer is yes.A Ginth...
07/15/2026

Can mistakes made by a trial attorney be challenged after a criminal conviction?

In some cases, the answer is yes.

A Ginther hearing is one of the most important procedures in Michigan criminal appeals. It gives the court an opportunity to consider evidence outside the original trial record when a defendant claims ineffective assistance of counsel.

In our latest article, Mark Linton explains:

✔ What a Ginther hearing is
✔ When it may be requested
✔ What must be proven
✔ How it can affect a Michigan criminal appeal

If you or someone you know is exploring appellate options after a criminal conviction, understanding this process is an important first step.

Read the full article:
👉 https://www.michiganappealsattorney.com/post/ginther-hearing-in-michigan

Can a criminal conviction be challenged because of an attorney's mistakes?The answer is sometimes yes—but Michigan law s...
07/07/2026

Can a criminal conviction be challenged because of an attorney's mistakes?

The answer is sometimes yes—but Michigan law sets a high legal standard.

In our newest article, appellate attorney Mark Linton explains what "ineffective assistance of counsel" means, how Michigan courts evaluate these claims, and why simply proving an attorney made a mistake isn't enough.

You'll also learn about:
✔️ The two-part legal test Michigan courts apply
✔️ Common attorney errors that may support an appeal
✔️ Ginther hearings and developing the record
✔️ Post-conviction relief under Michigan law

If you or someone you know is considering a criminal appeal, understanding these principles is an important first step.

Read the full article:

Can ineffective assistance of counsel overturn a Michigan criminal conviction? Learn how Michigan courts evaluate attorney errors, Ginther hearings, criminal appeals, and post-conviction relief.

06/30/2026

How the Fourth Amendment Has Been Narrowed Over the Last 50 Years: The Supreme Court Decisions That Expanded Police Authority to Stop and Search Vehicles

By Mark Linton | Michigan Appeals Attorney

Has the Fourth Amendment Been Weakened?

The Fourth Amendment to the United States Constitution promises that Americans will be free from "unreasonable searches and seizures." It is one of the cornerstones of individual liberty, requiring that government searches generally be supported by a warrant issued upon probable cause.
Yet over the last fifty years, the legal landscape has changed dramatically.

Although the text of the Fourth Amendment has remained unchanged since the Bill of Rights was adopted in 1791, the United States Supreme Court has recognized numerous exceptions to the warrant requirement—particularly in the context of automobiles. At the same time, Congress and state legislatures have enacted laws expanding law enforcement authority during traffic stops, while courts have narrowed the exclusionary rule that once served as the primary remedy for unconstitutional searches.

Today, police officers possess significantly broader authority to stop vehicles, order occupants out of the vehicle, conduct protective searches, request consent searches, deploy drug-detection dogs, inventory impounded vehicles, and rely on various warrant exceptions than they did a generation ago.

This article examines the major United States Supreme Court decisions, important Michigan appellate decisions, and statutory developments that have reshaped Fourth Amendment protections for motorists over the past half-century.
________________________________________
The Fourth Amendment Originally Favored Warrants

The Framers adopted the Fourth Amendment in response to the British Crown's use of "general warrants" and "writs of assistance," which allowed government officials to search homes and seize property without individualized suspicion.

The Amendment states:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..."

For much of American history, warrantless searches were considered the exception rather than the rule. Beginning in the twentieth century—and accelerating over the last fifty years—the Supreme Court developed numerous exceptions to the warrant requirement, particularly for automobiles.
________________________________________
Why Vehicles Receive Less Fourth Amendment Protection
The Supreme Court has consistently recognized that automobiles receive less constitutional protection than homes for two primary reasons:
• Vehicles are inherently mobile and can quickly leave the scene.
• Drivers have a reduced expectation of privacy because automobiles operate on public roadways and are heavily regulated.
Those principles have formed the foundation for decades of decisions expanding police authority.
________________________________________
1. Pennsylvania v. Mimms (1977): Police May Automatically Order Drivers Out of Their Vehicles
Pennsylvania v. Mimms, 434 U.S. 106 (1977) marked one of the first significant expansions of police authority during routine traffic stops.

Before Mimms, officers generally needed some articulable reason to require a driver to exit a vehicle.

After Mimms, officers may automatically order every driver out of a lawfully stopped vehicle—even if there is no suspicion that the driver is dangerous.

The Court concluded that the minimal intrusion on personal liberty was outweighed by concerns for officer safety.

This seemingly small rule dramatically changed the dynamics of every traffic stop in America.
________________________________________
2. Michigan v. Long (1983): Protective Searches Based Only on Reasonable Suspicion

In Michigan v. Long, 463 U.S. 1032 (1983), the Supreme Court expanded Terry v. Ohio into the automobile context.

Police officers may search the passenger compartment of a vehicle without a warrant whenever they possess reasonable suspicion that the suspect may be dangerous and could gain immediate access to a weapon.

Notably, officers do not need probable cause that evidence of a crime will be found.

Reasonable suspicion—a substantially lower constitutional standard—is enough.
________________________________________
3. United States v. Leon (1984): The Beginning of the Good-Faith Exception

Historically, evidence obtained through unconstitutional searches was generally excluded from trial under the exclusionary rule.
That changed significantly in United States v. Leon, 468 U.S. 897 (1984).

The Supreme Court held that evidence may still be admitted when police officers reasonably relied on a search warrant that was later determined to be invalid.

Subsequent cases—including Herring v. United States and Davis v. United States—expanded the good-faith exception even further.

As a result, suppression of illegally obtained evidence has become far less automatic than it once was.
________________________________________
4. California v. Acevedo (1991): Expanding the Automobile Exception

In California v. Acevedo, 500 U.S. 565 (1991), the Court simplified and broadened the automobile exception.

If officers possess probable cause that evidence is located somewhere inside a vehicle, they may search containers within that vehicle without first obtaining a warrant.

The decision eliminated many of the technical distinctions that had previously limited vehicle searches.
________________________________________
5. Whren v. United States (1996): The Rise of the Pretext Traffic Stop

Few Fourth Amendment decisions have had greater practical impact than Whren v. United States, 517 U.S. 806 (1996).

The Court held that any observed traffic violation—even an extremely minor one—provides an objectively reasonable basis for a traffic stop.

The officer's actual motivation is legally irrelevant.
This means an officer may lawfully stop a vehicle for:
• failing to signal,
• drifting across a lane marker,
• a burned-out license plate light,
• tinted windows,
• speeding by a single mile per hour,
• or countless other minor infractions,
even if the officer's true purpose is to investigate unrelated criminal activity.

Because virtually every driver commits minor traffic violations from time to time, Whren substantially increased police discretion to initiate vehicle stops.
________________________________________
6. Ohio v. Robinette (1996): Consent Searches Without Advising Citizens of Their Rights

Another major expansion occurred in Ohio v. Robinette, 519 U.S. 33 (1996).

The Supreme Court ruled that officers are not constitutionally required to inform motorists that they are free to leave before asking for consent to search.

Combined with Schneckloth v. Bustamonte, which held that officers are not required to advise citizens of their right to refuse consent, this created one of the most commonly used investigative tools in modern policing.

Many motorists voluntarily consent to searches without realizing they could lawfully decline.
________________________________________
7. Maryland v. Wilson (1997): Passengers Can Also Be Ordered Out

In Maryland v. Wilson, 519 U.S. 408 (1997), the Court extended Mimms.

Police officers may automatically order passengers out of a lawfully stopped vehicle without individualized suspicion.

Officer safety again outweighed the minimal intrusion upon personal liberty.
________________________________________
8. Wyoming v. Houghton (1999): Passenger Belongings May Be Searched

In Wyoming v. Houghton, 526 U.S. 295 (1999), the Court held that when officers have probable cause to search a vehicle, they may also search containers belonging to passengers if those containers might conceal the object of the search.

This decision further reduced the expectation of privacy for vehicle occupants.
________________________________________
9. Illinois v. Caballes (2005): Drug Dogs During Traffic Stops

The Supreme Court held in Illinois v. Caballes, 543 U.S. 405 (2005), that a drug-detection dog sniff conducted during a lawful traffic stop generally is not considered a Fourth Amendment search.

Accordingly, officers need not possess independent suspicion of narcotics before walking a trained canine around a vehicle, so long as doing so does not unlawfully prolong the stop.
________________________________________
10. Rodriguez v. United States (2015): One of the Few Decisions Restoring Fourth Amendment Protections

Not every recent Supreme Court decision has expanded police authority.

In Rodriguez v. United States, 575 U.S. 348 (2015), the Court held that officers may not extend an otherwise completed traffic stop merely to wait for a drug-detection dog unless independent reasonable suspicion exists.

This decision reaffirmed that the duration of a traffic stop must remain reasonably tied to the purpose of the original stop.
________________________________________
11. Arizona v. Gant (2009): Limiting Searches Incident to Arrest

For decades, officers routinely searched vehicles whenever an occupant was arrested.

In Arizona v. Gant, 556 U.S. 332 (2009), the Supreme Court narrowed that practice.

Police may search a vehicle incident to arrest only when:
• the arrestee could still access the vehicle, or
• officers reasonably believe evidence relating to the offense of arrest may be found inside.

Gant restored an important limitation on warrantless vehicle searches.
________________________________________
12. Digital Privacy Cases Strengthened Fourth Amendment Rights

While vehicle search authority generally expanded, the Supreme Court recognized stronger privacy protections regarding digital technology.

Significant decisions include:
• United States v. Jones (2012) – GPS tracking generally requires a warrant.
• Riley v. California (2014) – Police generally must obtain a warrant before searching a cell phone seized during an arrest.
• Carpenter v. United States (2018) – Historical cell-site location information generally requires a warrant.
• Collins v. Virginia (2018) – The automobile exception does not permit officers to enter the protected curtilage of a home to search a vehicle.

These cases illustrate that technological advances have prompted the Court to recognize new privacy interests, even as traditional vehicle-search doctrines remain broad.

Important Michigan Decisions Affecting Vehicle Searches
Michigan courts have largely followed federal Fourth Amendment doctrine while occasionally recognizing additional protections under the Michigan Constitution.

Among the most important decisions are:
• People v. Champion, 452 Mich. 92 (1996), addressing investigative detentions and protective frisks.
• People v. Kazmierczak, 461 Mich. 411 (2000), discussing probable cause and the totality of the circumstances in narcotics investigations.
• People v. Custer, 465 Mich. 319 (2001), clarifying requirements for inventory searches.
• People v. Frederick, 500 Mich. 228 (2017), recognizing heightened privacy protections for digital information stored on cell phones.
• People v. Mead, 503 Mich. 205 (2019), holding that, after changes to Michigan ma*****na law, the odor of ma*****na alone does not automatically establish probable cause to search a vehicle.

These Michigan decisions demonstrate that state constitutional protections may, in certain circumstances, exceed the federal constitutional minimum.

Michigan Statutory Developments

Michigan statutes have also shaped the authority of law enforcement during vehicle stops.

Examples include:
• MCL 257.742, authorizing enforcement of civil traffic infractions.
• Michigan's implied consent law (MCL 257.625c), governing chemical testing in drunk-driving investigations.
• MCL 257.625, Michigan's Operating While Intoxicated statute, which has been amended repeatedly to strengthen impaired-driving enforcement.

While these statutes serve important public safety purposes, they also illustrate how legislative policy can affect the practical scope of Fourth Amendment protections.

Has the Fourth Amendment Been Weakened?

Many constitutional scholars believe that, in the context of automobiles, the answer is largely yes.

During the past fifty years, the Supreme Court has:
• expanded the automobile exception;
• authorized pretextual traffic stops;
• lowered the threshold for protective vehicle searches;
• broadened consent-search doctrine;
• permitted automatic removal of drivers and passengers from vehicles;
• expanded inventory searches;
• recognized multiple good-faith exceptions to the exclusionary rule; and
• reduced the practical availability of suppression as a remedy.

At the same time, important decisions such as Arizona v. Gant, Rodriguez v. United States, Riley v. California, United States v. Jones, Carpenter v. United States, Collins v. Virginia, and Michigan's People v. Mead demonstrate that the courts continue to recognize meaningful constitutional limits, particularly where digital privacy or the prolonged detention of motorists is involved.

Why These Cases Matter in Criminal Appeals

Fourth Amendment issues remain among the most frequently litigated constitutional questions in criminal cases. An unlawful traffic stop, an improperly extended detention, an unconstitutional search, or an invalid seizure may result in suppression of critical evidence. Even though suppression doctrine has become more limited over time, careful review of police reports, dash-camera video, body-camera footage, search warrants, and hearing transcripts often reveals constitutional issues that were overlooked in the trial court.

For defendants pursuing a direct appeal, a motion for relief from judgment, or federal habeas corpus relief, identifying a viable Fourth Amendment claim can still be outcome-determinative.
An experienced appellate attorney should evaluate not only whether officers technically complied with Fourth Amendment doctrine, but also whether the prosecution can satisfy each constitutional requirement recognized by both the United States Supreme Court and the Michigan appellate courts.

Contact Mark Linton Michigan Appeals Attorney

If you believe your vehicle was stopped or searched unlawfully, or if evidence obtained during a traffic stop led to criminal charges, experienced appellate review can identify constitutional issues that may warrant suppression of evidence or reversal of a conviction.

Our office handles criminal appeals, post-conviction proceedings, motions for relief from judgment under MCR 6.500, habeas corpus litigation, and other constitutional challenges throughout Michigan. We carefully analyze Fourth Amendment issues under both the United States Constitution and the Michigan Constitution to determine whether law enforcement exceeded constitutional limits.

Call now to connect with business.

06/29/2026

Government Surveillance in America: How Much Has It Expanded in the Last 20 Years? A Legal Analysis of FISA, Flock Cameras, Palantir, AI, and Digital Privacy

By Mark Linton | Michigan Appeals Attorney

Over the past two decades, the United States has experienced one of the most significant expansions in government surveillance capabilities in its history. While many Americans associate government surveillance with the Patriot Act enacted after the September 11 attacks, the reality is far more complex. Today's surveillance landscape is driven not only by federal intelligence laws but also by artificial intelligence, commercial data brokers, automated license plate readers, facial recognition technology, cloud computing, and sophisticated data analytics platforms capable of connecting billions of data points in seconds.
The result is that the federal government, state governments, and local law enforcement agencies now possess investigative capabilities that would have been unimaginable just twenty years ago.

Importantly, this does not necessarily mean that government agencies have unlimited legal authority to monitor citizens. Courts, Congress, and constitutional protections continue to impose limits on many forms of surveillance. However, from a technological perspective, the government's ability to collect, analyze, and correlate information has increased dramatically.

This article examines how government surveillance has changed since approximately 2006, explains the legal framework governing many of these technologies, and explores the constitutional implications under the Fourth Amendment.
________________________________________
Government Surveillance in 2006 vs. 2026
Twenty years ago, most criminal investigations relied upon relatively traditional investigative techniques.
Law enforcement typically obtained:
• Search warrants
• Telephone records
• Bank records
• Witness interviews
• Physical surveillance
• Limited video footage
• Basic computer forensic evidence
Today, investigators often have access to an enormous digital footprint created by everyday life.

Modern investigations may include:
• Smartphone location history
• GPS tracking
• Wi-Fi location data
• Bluetooth proximity information
• Automated license plate reader (ALPR) databases
• Cloud-stored communications
• Social media activity
• Commercial consumer data
• Artificial intelligence-assisted analytics
• Facial recognition systems
• Public and private surveillance camera networks
The amount of digital information generated by the average American has increased exponentially, creating investigative opportunities that did not exist in the mid-2000s.
________________________________________
The Evolution of FISA Surveillance

The Foreign Intelligence Surveillance Act (FISA) has existed since 1978, but its scope and practical impact changed dramatically after the September 11, 2001 terrorist attacks.

Following 9/11, Congress enacted several major surveillance laws, including the USA PATRIOT Act and later the FISA Amendments Act of 2008, which created Section 702. Section 702 authorizes the collection of foreign intelligence information by targeting non-U.S. persons reasonably believed to be located outside the United States without individual warrants. Communications involving Americans may be incidentally collected, and agencies may conduct certain queries subject to statutory and oversight rules. The authority has been repeatedly reauthorized with modifications. These authorities remain the subject of ongoing legal, political, and constitutional debate.

Although Section 702 is aimed at foreign intelligence collection, its operation has raised recurring Fourth Amendment questions concerning incidental collection, minimization procedures, and oversight.
________________________________________
Smartphones Changed Everything

Perhaps no technology has transformed surveillance more than the modern smartphone.

In 2006, many mobile phones lacked GPS functionality or generated relatively little historical location information.
Today's smartphones continuously generate data, including:
• GPS coordinates
• Cell tower connections
• Wi-Fi location information
• Bluetooth device proximity
• Application usage
• Advertising identifiers
• Internet browsing activity
• Cloud synchronization logs
Everyday activities such as driving, shopping, traveling, exercising, or visiting friends can generate digital records.

The Supreme Court recognized the extraordinary privacy implications of location data in Carpenter v. United States, 585 U.S. ___ (2018), holding that the government generally must obtain a warrant before acquiring historical cell-site location information from wireless carriers.

Although Carpenter imposed important constitutional limits, the volume of location information generated today remains vastly greater than it was twenty years ago.
________________________________________
Flock Safety Cameras and Automated License Plate Readers

Twenty years ago, law enforcement officers generally relied upon patrol observations or isolated traffic cameras to identify vehicles.
Today, thousands of police agencies use automated license plate reader systems such as those offered by Flock Safety.

These systems may record:
• License plate numbers
• Vehicle make
• Vehicle model
• Vehicle color
• Distinguishing characteristics
• Date and time
• Geographic location
• Direction of travel
Many participating agencies share information with neighboring jurisdictions, creating large searchable networks of vehicle sightings that can assist in criminal investigations. Supporters emphasize their value in locating stolen vehicles, abducted children, and suspects, while critics raise concerns about retention policies, oversight, and the potential to reconstruct the movements of people who are not suspected of any crime.
________________________________________
Palantir and Modern Government Data Analytics

One of the most significant developments in modern law enforcement is not necessarily the collection of new information, but the ability to connect existing information.

Data analytics platforms, including those developed by Palantir Technologies, help authorized users integrate information from multiple lawful sources and identify relationships among people, organizations, locations, and events. The software itself does not expand the government's legal authority to collect information, but it can make analysis of authorized data far more efficient.

Historically, investigators often searched databases individually.
Modern analytical software can rapidly compare information across numerous datasets, significantly reducing the time required to identify investigative leads.
________________________________________
Artificial Intelligence Has Revolutionized Investigations

Artificial intelligence has fundamentally changed how investigators analyze information.

Twenty years ago, investigators frequently reviewed evidence manually.

Today, AI-assisted systems can help organize and analyze:
• Millions of documents
• Financial transactions
• Telephone records
• Surveillance video
• License plate detections
• Digital communications
• Public records
Artificial intelligence can dramatically reduce the time required to identify patterns or connections. Human investigators remain responsible for evaluating evidence and complying with legal standards, but AI has become an increasingly important investigative tool.
________________________________________
Commercial Data Brokers and Government Access

One of the fastest-growing areas of modern surveillance involves commercial data brokers.

Private companies routinely collect information concerning:
• Consumer purchases
• Website activity
• Mobile application usage
• Advertising identifiers
• Approximate location information
• Marketing profiles
Government agencies have, in some instances, purchased commercially available datasets rather than obtaining similar information through compulsory legal process. This practice has generated significant constitutional and policy debate, and some agencies have adopted additional restrictions in response.
________________________________________
Facial Recognition Technology

Facial recognition technology has advanced dramatically over the past twenty years.

Earlier systems often produced inconsistent or unreliable results.
Modern artificial intelligence systems are capable of comparing images against extremely large databases in seconds.

Supporters argue that facial recognition assists in identifying dangerous suspects and locating missing persons.

Critics question:
• Accuracy
• Potential bias
• Privacy implications
• Oversight
• Long-term retention of biometric information
Courts continue to confront constitutional questions regarding the use of facial recognition evidence.
________________________________________
Cloud Computing Has Expanded Digital Evidence

Twenty years ago, personal documents were generally stored on desktop computers, CDs, or external hard drives.

Today, enormous amounts of personal information are stored remotely through cloud service providers, including:
• Email
• Photographs
• Calendars
• Documents
• Text message backups
• Device backups
Cloud storage creates additional sources of digital evidence that may be available through lawful legal process, depending on the type of information sought and the governing statutes.
________________________________________
Financial Surveillance Has Become Increasingly Digital

Modern financial activity generates significantly more electronic records than it did twenty years ago.

Electronic banking, digital payment platforms, online commerce, and financial reporting systems create detailed transaction histories.

Financial institutions continue to file reports required by federal law, such as Suspicious Activity Reports (SARs) and Currency Transaction Reports (CTRs). The transition to electronic commerce has expanded the amount of financial information that exists in digital form, although government access to those records remains governed by applicable legal standards.
________________________________________
The Constitutional Balance Between Security and Privacy

The central constitutional issue surrounding modern surveillance remains the Fourth Amendment.

The Fourth Amendment protects individuals against unreasonable searches and seizures.

As technology has advanced, courts have increasingly been required to determine how constitutional protections apply to:
• Cell phone searches
• GPS monitoring
• Historical location information
• Digital communications
• Electronic devices
• Cloud-based data
• Emerging surveillance technologies
Supreme Court decisions such as Riley v. California and Carpenter v. United States recognize that digital technology can reveal far more about an individual's private life than traditional physical searches, requiring courts to reassess how constitutional protections apply in the digital age.
________________________________________
How Much Has Government Surveillance Increased?

There is no universally accepted metric that measures government surveillance in percentage terms.

However, most legal scholars, privacy advocates, and many current and former government officials agree on one central point:
The government's technological ability to collect, analyze, store, and correlate information about individuals has expanded dramatically over the past twenty years.

That increase has been driven primarily by:
• Smartphones
• Artificial intelligence
• Commercial data brokers
• Automated license plate readers
• Facial recognition
• Cloud computing
• Big data analytics
• Expanding digital records
At the same time, courts have imposed meaningful constitutional limits in several important areas, and Congress has periodically revised surveillance statutes in response to public concerns and oversight findings. The ongoing legal challenge is balancing national security and effective law enforcement with the privacy protections guaranteed by the Constitution.

Frequently Asked Questions (FAQ)

Is government surveillance today greater than it was 20 years ago?
From a technological standpoint, yes. The amount of digital information available and the tools used to analyze it have expanded enormously. Whether a government agency may lawfully access that information depends on the applicable statutes, constitutional protections, and judicial oversight.

What is FISA?

The Foreign Intelligence Surveillance Act (FISA) establishes procedures governing certain foreign intelligence surveillance activities. Section 702, in particular, authorizes the targeting of non-U.S. persons located abroad for foreign intelligence purposes, subject to statutory safeguards and oversight.

What are Flock cameras?

Flock Safety cameras are automated license plate readers used by many law enforcement agencies to identify vehicles and investigate crimes. They record vehicle characteristics, license plates, time, and location, and participating agencies may share data through regional networks.

What is Palantir?

Palantir develops data integration and analytics software used by government agencies and private organizations to analyze information from multiple authorized sources. The software helps identify patterns and relationships but does not itself grant legal authority to collect data.

Does the Fourth Amendment still protect digital privacy?

Yes. The Fourth Amendment continues to apply to digital information. Supreme Court decisions such as Riley v. California and Carpenter v. United States have recognized that modern digital technologies require robust constitutional analysis because they can reveal extensive details about an individual's private life.
________________________________________
Need Legal Representation in a Michigan Criminal Appeal or Constitutional Case?

If your criminal case involves digital evidence, cell phone searches, GPS tracking, electronic surveillance, FISA-related issues, search warrants, or Fourth Amendment violations, experienced appellate representation can make a critical difference. Constitutional challenges often require a detailed understanding of evolving technology, statutory authority, and appellate precedent.
Mark Linton Michigan Appeals Attorney represents clients throughout Michigan in criminal appeals, post-conviction proceedings, and constitutional litigation involving search-and-seizure issues, digital evidence, and complex questions of criminal procedure.

Contact us today to discuss your case and learn whether your constitutional rights were violated in a criminal case.

Call now to connect with business.

Address

1331 Horton Road
Jackson, MI
49203

Opening Hours

Monday 8am - 7pm
Tuesday 8am - 7pm
Wednesday 8am - 7pm
Thursday 8am - 7pm
Friday 8am - 7pm
Saturday 8am - 7pm
Sunday 8am - 7pm

Telephone

+15179939555

Alerts

Be the first to know and let us send you an email when Mark Linton - Michigan Criminal Appellate Attorney posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Practice

Send a message to Mark Linton - Michigan Criminal Appellate Attorney:

Shortcuts

Share