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Warrant Required for Police to Search Cell Phones

By Bianca A. Roberto on June 27, 2014
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The Supreme Court of the United States has officially entered the digital age. In a unanimous decision, in Riley v. California,the Court ruled that police are required to obtain a warrant prior to searching the cell phone of a person they arrest. Now, a warrantless search of a cell phone would only be permitted in a truly exigent circumstance. This is a bold decision on the part of the Court and sets a precedent for computer search cases. The Court noted that most smart phones contain a vast amount of private information which would otherwise not be searchable without a warrant. The fact that people can, and do, store medical, financial, and other confidential information on their phones make smart phones unique. These days, searching a person’s smart phone is like searching their home. This new privacy protection changes the landscape for law enforcement.

Photo of Bianca A. Roberto Bianca A. Roberto

Bianca A. Roberto is a member of Stark & Stark’s Litigation, Bankruptcy & Creditors’ Rights, Employment, Beer & Spirits, and Business & Corporate Groups. Ms. Roberto concentrates her practice in all areas of civil and commercial litigation, including the counseling and representation of…

Bianca A. Roberto is a member of Stark & Stark’s Litigation, Bankruptcy & Creditors’ Rights, Employment, Beer & Spirits, and Business & Corporate Groups. Ms. Roberto concentrates her practice in all areas of civil and commercial litigation, including the counseling and representation of clients in estate litigation, business and commercial disputes, residential and commercial real property disputes, and employment matters.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Pennsylvania Law Monitor
  • Organization:
    Stark & Stark
  • Article: View Original Source

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