Tag Archives: warrentless searches

Cell phones require a search warrant

These days, we live on our cell phones.  All our calls are there.  Who we talk to, text with, facetime, email and or game with are all right there in one iphone brokenconvenient spot.  Our cell phones offer an in depth snapshot (snapchat?) of our daily real and virtual lives.  Any damage or malfunction to our precious device automatically sends us rushing to the Apple store or madly googling how to correct the issue.  We protect our phones with special and costly cases and add super secret squirrel access codes to keep our data safe.  In 2014, the Supreme Court also added another layer of protection by prohibiting warrantless searches of your password-protected cell phone.

During an arrest, one’s possessions are usually taken and inventoried.  Keys, clothes, pocket change, and yes, even your cell phone.  But do you have to provide your cell phone password?  No. The Supreme Court has ruled that law enforcement must obtain a warrant before searching a cell phone seized during an arrest.  See link for relevant cases and links to the opinions.

Again, while we protect our phones with fancy cases and access codes to keep our data safe, the United States Supreme Court also offers additional level of protection no amount of Apple Care can provide, freedom from warrantless searches!

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