What is YOUR opinion? If police have a warrant to search an individual’s cell phone, should they be able to look at everything on that phone, or should they be limited to certain types of data, certain time periods, and limitations of how they use that data?
What is YOUR opinion? If police have a warrant to search an individual’s cell phone, should they be able to look at everything on that phone, or should they be limited to certain types of data, certain time periods, and limitations of how they use that data? Why or why not?
“There is no dispute that cell phones contain a lot of personal information. The Supreme Court recognized in 2014 in Riley v. California that a cell phone is “not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans ‘the privacies of life’.” For this reason, the Court held that the police generally need a warrant to search one. But what happens when police do get a warrant? Can they look at everything on your phone?
Well, it depends.
Riley didn’t articulate any standards that limit the scope of cell phone searches, and courts are taking different approaches. While some courts have constrained police searches to certain types of data on the phone, specific time periods, or limited the use of the data, other courts have authorized warrants that allow the police to search the entire phone.”
Lynch, Jennifer. “New Federal and State Court Rulings Show Courts Are Divided on the Scope of Cell Phone Searches Post-Riley.” Electronic Frontier Foundation, 4 Oct. 2022, https://www.eff.org/deeplinks/2022/10/new-federal-and-state-court-rulings-show-courts-are-divided-scope-cell-phone.
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