Justices concerned about opening cellphones to warrantless searches

Seek to find a balance between invasion of privacy and pursuit of criminals

During opening arguments on April 29 for the case Riley v. California, Justices seemed cautious in opening up digital information held on smartphones and other devices to the unwarranted search and seizure currently allowed for other items at the time of an arrest.

The Wall Street Journal reports that California's solicitor general, Edward DuMont, who argued on behalf of the state, was unable to gain traction on a suggestion that the contents of a cellphone should be regarded in the same way as a pack of cigarettes, a wallet or other items currently approved for warrantless searches. Those items are approved on the basis of “incident to arrest” and were initially conceived to protect police officers and prevent the destruction of evidence.

Executive Editor

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Chris DiMarco

Chris DiMarco, Executive Editor of InsideCounsel magazine, has a background in multimedia production with previous involvement in projects in which he developed and created content...

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