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Posted by: thepinetree on 06/25/2014 10:09 AM
Updated by: thepinetree on 06/25/2014 10:10 AM
Expires: 01/01/2019 12:00 AM
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Supreme Court Rules Warrants Needed For Cell Phone Searches
Washington, DC....From Opinion in the Riley v California case. "Our cases have recognized that the Fourth Amendment was the founding generation’s response to the reviled“general warrants” and “writs of assistance” of the colonial era, which allowed British officers to rummage through homes in an unrestrained search for evidence of criminal activity. Opposition to such searches was in fact one of thedriving forces behind the Revolution itself. In 1761, the patriot James Otis delivered a speech in Boston denouncing the use of writs of assistance. A young John Adams was there, and he would later write that “[e]very man of acrowded audience appeared to me to go away, as I did,ready to take arms against writs of assistance.” 10 Works of John Adams 247–248 (C. Adams ed. 1856). According to Adams, Otis’s speech was “the first scene of the first act of opposition to the arbitrary claims of Great Britain. Then and there the child Independence was born.” Id., at 248 (quoted in Boyd v. United States, 116 U. S. 616, 625 (1886))...
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Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans “the privacies of life,” Boyd, supra, at 630. The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought. Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple— get a warrant.
We reverse the judgment of the California Court ofAppeal in No. 13–132 and remand the case for further proceedings not inconsistent with this opinion. We affirm the judgment of the First Circuit in No. 13–212.
It is so ordered.
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