A Supreme Court Ruling on Wednesday determined that police may not search the cell phones of criminal suspects upon arrest without a warrant. The ruling stated:
“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.”
Recent convictions of David Riley and Brima Wurie after cell phone searches led to appeals to the high court. They were tasked with determining where cell phones fall in relation to privacy laws. It was ruled that cell phones should be treated like closed containers, not like pockets and wallets, and are not subject to search without a warrant.
Law enforcement officials are concerned that these new laws may impede on pending and future investigations, but the Justice Department has assured that they will work with law enforcement to ensure that these new laws and regulations are understood and followed.
It is unclear at this point in time whether convicted defendants would have their cases dismissed, but moving forward this is a big win for privacy laws. As criminal defense attorneys, we are all for laws that protect the rights of the American people.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
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