San Mateo DUI, Criminal Defense LawyerFlash Nugget- Cell Phone Searches Require Warrant
Last week, the United States Supreme Court ruled that law enforcements’ searches of cell phones require a warrant. Previously, the Ninth Circuit, and other federal courts have allowed searches incident to an arrest. The searches were allowed for the purpose of seeking additional evidence for which the individual was arrested. Striking down this logic, the Chief Justice John Roberts wrote, “Unless it’s an emergency, get a warrant before delving into a device that contains such a vast trove of personal information.” The Court reasoned further that looking into a pack of cigarettes for dangerous items . . . is a far different matter than accessing a device that contains so much personal information. This was a victory for privacy advocates and a unanimous ruling by a frequently fractured court. A copy of the decision can be found at http://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf.
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