Aug 192013
 August 19, 2013  Court, Surveillance, U.S.

Orin Kerr writes:

In recent weeks, two cert petitions have been filed seeking review of how the Fourth Amendment applies to searching a cell phone incident to arrest. Although the two cases raise the same legal issue, the facts of the two cases actually are pretty different. And the difference in the facts reflects the fast-moving evolution of cell phones.

First, on July 30th, Jeff Fisher filed this petition in Riley v. California, seeking review of a California appellate decision you can read here. Second, last Thursday, DOJ filed this cert petition in United States v. Wurie, seeking review of the The First Circuit’s decision requiring warrants for most cell phone searches.

Read more on The Volokh Conspiracy.

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