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In a rare 9-0 decision last week, the Supreme Court of the United States held that police may not search cell phone data as a search incident to arrest. The Court combined two companion cases for the purpose of deciding the issue of whether searching through cell phone data was a valid search incident to arrest. In California v Wurie, the defendant was arrested after police observed a drug transaction in a car.
The Fourth Amendment grants a right to privacy in our homes, papers, and effects by restricting the government from performing unreasonable searches and seizures. The search incident to arrest is limited to the area immediately within the arrestee’s control.
The Supreme Court correctly recognized that cell phones are unique and vastly different than most physical objects that may be recovered on an arrestee’s person. The justices noted that digital data cannot be used as a weapon against the police or to help the arrestee escape.
The government argued that searching a phone could protect the officer’s safety by looking for warnings that the arrestee’s confederates were coming to the scene.
If you are facing criminal charges and believe your Fourth Amendment rights have been violated or you are the victim of an unreasonable search and seizure, call Austin Legal Services, PLC today at (517) 614-1983 to speak to a Michigan Fourth Amendment lawyer for a free consultation! Defending criminal charges, Fourth Amendment, and other Constitutional rights throughout Michigan in the counties of Ingham, Eaton, Livingston, Jackson, Clinton, Kent, Calhoun, Kalamazoo in the cities of Lansing, East Lansing, Mason, Brighton, Howell, Jackson, Kalamazoo, Battle Creek, Charlotte, St. Neither this web site or any information contained within it constitutes legal advice or legal consultation.
David Riley, a man out of San Diego, was stopped by police for having expired registration tags.
Under the Fourth Amendment, police generally need a warrant before they can conduct a search.
Instead, the Court held that police must generally obtain a warrant if they want to search an arrestee’s phone. At the police station, police noticed an incoming call on Wurie’s phone from “my house.” They accessed his call log and traced the number to Wurie’s residence.
Such a warrantless search is justified by balancing the interests in the officer’s safety versus the legitimate governmental interests. The police can certainly examine the physical aspect of the phone to ensure that it will not be used as a weapon, but not the digital information.


SCOTUS held that this type of argument is best left to a case-by-case basis under an exigent circumstances analysis. The government proposed that the Court could limit the holding so that police officers could only search phone data for relevant information pertaining to the crime the defendant was arrested for. The police officer asks for your cell phone along with your drivers license and insurance card.
The police had suspected him of being a gang member who was involved in a shooting, but they had no evidence to tie him to the shooting. You are driving to the grocery store, make a right turn improperly, get pulled over, and next thing you know the police officers are going through your private photographs on your cell phone.
That is a big victory for the Fourth Amendment as Constitutional and privacy advocates rejoiced. However, there are numerous exceptions to the search warrant requirement that have been enumerated by the Supreme Court over the years. The governmental interest being the aforementioned safety of the officer and to prevent the destruction of evidence.
The government further argued that cell phones are susceptible to remote wiping and data encryption, so searching through them will preserve any evidence that may be lost or destroyed. He was diligent, knowledgeable and very good at explaining legal jargon in easy to understand ways. We took this picture from the web that we feel would be one of the most representative pictures for wood led desk lamp. We got this picture on the internet that we feel would be one of the most representative pics for vintage style desk lamp.
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When they saw David Riley driving a car that had expired registration, the police pulled him over.
The justices stated that not only was this broad concern not proven to be prevalent, but that having the police search through the phone would be an adequate solution. Instead, the Supreme Court stood firm on the principles of the Fourth Amendment and held that we the people have a right to privacy in our cell phone data. Based upon information they found and after further analysis of the cell phone’s content, Riley was charged with a shooting and faced an enhanced sentence based on gang membership.


The First Circuit reversed the denial, suppressed the evidence, and vacated the conviction. When placed under arrest, the police may search your clothes and artifacts in order to protect the police from anything harmful the arrestee may have and to prevent the destruction of evidence. They looked through the cell phones and found that there were photographs on the cell phone.
But lower federal and state courts have differed over whether that decision, predating the digital age, should apply to increasingly sophisticated cellphones, including even more advanced smartphones.
Search may also include background records, carrier information, connection status, address History, and civil records. The trial court denied Riley’s motion to suppress and the California Court of Appeal affirmed the trial court’s decision.
Also, the police will often keep an inventory of everything recovered in order to protect the department from civil suits from defendants who may claim the police lost, stole, or damaged their property. If they believe the phone contains relevant information of a crime, they will need to cite probable cause to a judge or magistrate and get a warrant.
After opening the photos the police found photographs that linked Riley to the gang shooting. If the Supreme Court rules the police can search your cell phone for a simple traffic stop, watch out America. Search database also covers residential numbers, business numbers, 800 numbers, Unlisted Phone Numbers and pagers. At trial, his lawyer argued that the search of the cell phones was illegal and that the prosecution should not be able to use the evidence found on illegal search at trial against Riley.
Can the police search your cell phone anytime you’re given a citation or arrested, without a warrant?



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