The Supreme Court on Warrantless Searches
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November 15, 2013The Supreme Court on Warrantless Searches…..
On the docket for the U.S. Supreme Court is a case about warrantless searches of smartphones. The decision is important to hundreds of citizens who were tried and convicted based on the warrantless seizure of photos, calendars, Internet browsing history and other personal data contained in their cellphones.
Warrantless searches are an epidemic in America.
The Supreme Court’s previous decisions include:
* In 1969, the Supreme Court held that a warrantless search of a person’s home “incident to arrest” was unconstitutional if it extended to beyond the suspect’s immediate reach and control. Chimel v. California, 395 U.S. 752.
* In 1973, the Supreme Court upheld the warrantless searches “incident to arrest.”
United States v. Robinson, 414 U.S. 218.
The accused citizens in the case before the Supreme Court are asserting that warrantless cellphone searches must be prohibited, because cellphones are the equivalent of a person’s private “papers and effects.”
The Supreme Court the court can secure a citizen’s Fourth Amendment right to be free from warrantless searches of their cellphones with its new ruling.
Nonetheless be careful what you keep on your cell phone. Its possible it may be used against you, should you ever get arrested. We at Regan Law PLC are here to help. Contact us if you are in need of Legal Advice.
