Search An Individual's Cell Phone Without Search Warrant

873 Words4 Pages
There are many questions regarding technology and the application of law to new technologies. One such issue is the application of search and seizure laws to cell phones and other hand held devices that are on the defendant’s person at the time of arrest. Do the arresting officers have the right to search an individual’s cell phone without a search warrant? Does the crime or violation that the individual has committed give the officer probable cause to search the individual’s person or vehicle and the items discovered in the search without obtaining a search warrant? These are all valid questions that the Supreme Court is attempting to address to bring these statues into the 21st century. The article in Newsweek addresses these questions…show more content…
The information age has changed the format in which we keep records and other personal information. Devises such as cell phones and PDAs contain information that photo albums and filing cabinets use hold in a person’s home. The search of an individual’s dwelling would require a warrant unless law enforcement officials are given probable cause to enter the dwelling. The activity that would warrant such behavior could include exigent circumstances (gun shots), consent, evidence or contra band in plain view, or hot pursuit of a fleeing criminal. The argument that the same right applies to an individual’s electronic device because of the “search incident to arrest” doctrine, in my opinion, is in far reach of its bounds. These devises also carry information that can be sensitive and may violate citizens’ rights under public laws such as HIPPA. Law enforcement officials are to act in a manner that is expected of them and to follow the procedures that have been laid out for them to follow. Giving them more liberties is only taking away freedom of the citizen. They have the ability to hold a suspect or someone that has violated the law for extended periods of time, in which the proper channels and procedures can be followed to obtain a warrant. I think the officers should have the right to ensure their safety and the safety of the public, but I do not see the same threats being posed to such safety by a cell phone in comparison to a hand gun or knife. To make such a comparison is a stretch at the very least. The time it takes to issue a warrant using the same technology that may be confiscated can take as little as an hour. Also, the article mentions, “that police can arrest a person for a violation in any crime, no matter how minor. In addition, the court has said that it's perfectly legal to stop a car for a minor traffic infraction as a pretext to investigate a more serious crime.” (MacDougall, 2014) These

More about Search An Individual's Cell Phone Without Search Warrant

Open Document