RSSWhen the U.S. Supreme Court issues a unanimous ruling, the impact is likely to be significant. On June 25, the SCOTUS did just that when it unanimously decided that police cannot search the cellphones of arrested individuals without first obtaining a warrant.
According to Chief Justice John Roberts, cellphones are unique in that they have the potential to contain a vast wealth of information. Roberts noted that these devices, unlike other technologies, are more than just a way to make life a little more convenient. Today’s phones have the capacity to hold a huge amount of private information. As a result, authorities must obtain the proper warrants for searching through them.
The decision may have come as a surprise to come, since prior rulings had held that the police may take certain steps, such as emptying the pockets of a suspect, to protect police safety and thwart evidence destruction. Indeed, the recent Supreme Court decision still left open the possibility that officers could take certain steps – without a warrant – to prevent lapses in safety.
However, according to a spokesperson with the LAPD, the court’s ruling is not likely to negatively impact any investigations anytime soon. One local police lieutenant said that officers will continue to conduct investigations as they have in the past, only they will likely need to secure more warrants in the future. Already, there is such a tool as an “expedited warrant,” in which authorities work at all hours to make sure their procedures are aligned with the law when pursuing information on a suspect.
Critics of the court’s decision say that delays due to the need for a warrant can leave open a window of opportunity for data-dumping from cellphones.
The issue was brought to the attention of the nation’s highest court through two different cases, one from Boston and one from here in California. In the Boston case, police had reviewed a suspect’s cellphone call log to determine his residence; they later searched that residence with a warrant and discovered drugs and weapons. In the second case, police in San Diego used a suspect’s smartphone to gather evidence of gang affiliation.
If you have been arrested for a crime in California, contact the Law Offices of Jonathan I. Kelman at 310.286.1218.