Is a Search of Your Cell Phone a “Search Incident to Arrest”?

30 Apr

“The justices of the U.S. Supreme Court — the youngest of whom is 54 — confronted their own technological limits yesterday and struggled with creating new parameters for the right to privacy in a world where a person’s whole life can be documented on a cell phone.

The direct issue in the two cases before the court was whether police could search the contents of cellphones without a warrant under the established doctrine of “search incident to arrest.” That doctrine has been justified by courts over the years as necessary to remove weapons that might otherwise be used to harm officers and to seize documents or other types of evidence of a crime that might otherwise be quickly destroyed by the person under arrest.”

Read the rest of the story from NC Policy Watch’s Sharon McCloskey.

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