Jun 252014
 
 June 25, 2014  Court, Featured News, Surveillance, U.S.

Lyle Denniston has this to say about this morning’s stunning Supreme Court ruling that searching cellphones incident to arrest generally requires a warrant:

Treating modern cellphones as gaping windows into nearly all aspects of the user’s life and private conduct, the Supreme Court on Wednesday unanimously ordered police to get a search warrant before examining the contents of any such device they take from a person they have arrested. Seeing an individual with a cellphone is such a common thing today, Chief Justice John G. Roberts, Jr., wrote, “the proverbial visitor from Mars might conclude they were an important feature of human anatomy.”

The Court rejected every argument made to it by prosecutors and police that officers should be free to inspect the contents of any cellphone taken from an arrestee. It left open just one option for such searches without a court order: if police are facing a dire emergency, such as trying to locate a missing child or heading off a terrorist plot. But even then, it ruled, those “exigent” exceptions to the requirement for a search warrant would have to satisfy a judge after the fact.

Read more on SCOTUSblog. And congrats to the privacy advocacy organizations who submitted amicus briefs in this case: EFF, CDT, and EPIC, and ACLU, to name some.

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