Monday, April 28, 2014

Siri, Can You Be Searched?

People use cell phones to listen to music, get directions, and communicate via text, email, and video (see this Pew Fact Sheet).  Should the police be able to access all of this data without a warrant?  Tomorrow, the Supreme Court will hear oral arguments in two cases on this subject (see this brief summary from the ABA Journal). 

In 2009, the Ohio Supreme Court heard a similar case, holding “the warrantless search of data within a cell phone seized incident to a lawful arrest is prohibited by the Fourth Amendment when the search is unnecessary for the safety of law-enforcement officers and there are no exigent circumstances.”  Stay tuned to see whether the United States Supreme Court agrees.