Big news on the search and seizure front – the United States Supreme Court ruled today that cell phones may not be searched without a warrant.
The Supreme Court held that police generally may not search digital information on a cell phone of a person being arrested, unless they first obtain a search warrant. Here are just a few of my favorite quotes from the opinion:
“These cases require us to decide how the search incident to arrest doctrine applies to modern cell phones, which are now such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy.”
“The United States asserts that a search of all data stored on a cell phone is ‘materially indistinguishable’ from searches of these sorts of physical items…That is like saying a ride on horseback is materially indistinguishable from a flight…
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