Monday, March 17, 2014

Supreme Court to rule on cell-phone 4th Amend protection

The Supreme Court will be deciding in the coming weeks on two cases involving the Fourth Amendment and cell-phone privacy. In both cases, the person was lawfully arrested and the police, without a warrant, searched the content of the phone found on the arrestee.  Under long-established precedent, this is arguably a lawful warrantless search incident to a lawful arrest.  Most lower courts have found no Fourth Amendment violation.  It could be argued that cell phones often contain so much personal information that the invasion of privacy is much greater than in the usual search incident to a lawful arrest.  Thus, the balance is shifted in favor of the individual and warrants are required.  On the other hand the cellphone contents could be a gold-mine of leads and evidence for the police (e.g. drug dealer's clients and suppliers).  I suspect the arrestees will lose.

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