Supreme Court-Warrant Required for Cell Phone Search

Posted by Thomas Brown | Jun 27, 2014 | 0 Comments

In a "sweeping embrace of digital privacy," the Supreme Court unanimously ruled that police must obtain a search warrant prior to examining the contents of a cell phone they have taken from an individual after they have been arrested. According to the Court, the digital information contained on a cell phone is not contemplated by the "search incident to arrest" exception of the Fourth Amendment's warrant requirement. Substantial privacy interests are at stake when digital data is involved. Invading the private digital information that most Americans record on their cell phones involves an element of pervasiveness not characteristic of physical records, and because of this, the access of that information without a warrant is prohibited.

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Thomas Brown

Mr. Brown has been a trial attorney for his entire legal career. He appears in court on a daily basis representing criminal defendants in trials, preliminary hearings, violation of probation and bail reviews in District and Circuit Court. In addition to his extensive jury trial experience in Ceci...


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