Photo: Scott Ableman
The 4th Amendment application to the search and seizure of cell phones just became more complicated due to a recent ruling from the California Supreme Court.
In the recent California case, a defendant was arrested and police subsequently went through his cell phone to find text messages that talked about selling drugs. The defendant argued that the warrantless search of his cell phone violated his Fourth Amendment right, but the California Supreme Court ruled that the Fourth Amendment doesn’t apply to cell phones at the time of a person’s arrest.
Their reasoning? A cell phone is “immediately associated” with a person’s body, and under previous cases, other items immediately associated with a suspect’s body were subject to warrantless searches. These items include cigarette cases hiding heroin tablets, paint chips hidden in clothing, and marijuana hidden in the truck of a car.
As usual, the law is woefully behind technology. This case is another case among many where judges treat technological advanced items and categorize them with other “objects” without understanding that these items are different than cigarette cases. A cell phone can hold much more information than a simple item. This is much more intrusive than opening a pack of cigarettes to look for drugs.
Adam Gershowitz, a South Texas College of Law professor, argued in 2008 that police who make a search incident to arrest now have more access to sensitive, confidential information that is stored on your cell phone or other devices.
This is likely an issue that will end up being litigated throughout the country, and ultimately, the United States Supreme Court will have to decide whether a warrant is necessary for a cell phone search.
