Sign up Calendar Latest Topics

  Author   Comment  

Avatar / Picture

Posts: 7,969
Reply with quote  #1 

Federal 1st Circuit Court of Appeals - Police can't search your cell phone when they arrest you without a warrant.

III. Conclusion
Since the time of its framing, "the central concern underlying the Fourth Amendment" has been ensuring that law enforcement officials do not have "unbridled discretion to rummage at will among a person's private effects." Gant, 556 U.S. at 345; see also Chimel, 395 U.S. at 767-68. Today, many Americans store their most personal "papers" and "effects," U.S. Const. amend. IV, in electronic format on a cell phone, carried on the person. Allowing the police to search that data without a warrant any time they conduct a lawful arrest would, in our view, create "a serious and recurring threat to the privacy of countless individuals." Gant, 556 U.S. at 345; cf. United States v. Jones, 132 S. Ct. 945, 950 (2012) ("At bottom, we must 'assur[e] preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted.'" (quoting Kyllo v. United States, 533 U.S. 27, 34 (2001))). We therefore reverse the denial of Wurie's motion to suppress, vacate his conviction, and remand for further proceedings consistent with this opinion. (more)

Now On Twitter:
Previous Topic | Next Topic

Quick Navigation:

Easily create a Forum Website with Website Toolbox.