Supreme Court rules warrant needed to search cellphonesBy AP | Last updated: Jul 3, 2014 - 7:54:25 PM
Cellphones are unlike anything else police may find on someone they arrest, Chief Justice John Roberts wrote for the court. They are “not just another technological convenience,” he said, but ubiquitous, increasingly powerful computers that contain vast quantities of personal, sensitive information.
“With all they contain and all they may reveal, they hold for many Americans the privacies of life,” Justice Roberts declared. So the message to police about what they should do before rummaging through a cellphone’s contents following an arrest is simple: “Get a warrant.”
The chief justice acknowledged that barring searches would affect law enforcement, but he said: “Privacy comes at a cost.”
By ruling as it did, the court chose not to extend earlier decisions from the 1970s—when cellphone technology was not yet available—that allow police to empty a suspects pockets and examine whatever they find to ensure officers’ safety and prevent the destruction of evidence.
The Obama administration and the state of California, defending cellphone searches, said the phones should have no greater protection from a search than anything else police find. But the defendants in the current cases, backed by civil libertarians, librarians and news media groups, argued that cellphones, especially smartphones, can store troves of sensitive personal information.
“By recognizing that the digital revolution has transformed our expectations of privacy, today’s decision is itself revolutionary and will help to protect the privacy rights of all Americans,” said American Civil Liberties Union legal director Steven Shapiro.
Under the Constitution’s Fourth Amendment, police generally need a warrant before they can conduct a search. The warrant itself must be based on “probable cause,” evidence that a crime has been committed.
In the cases decided June 25, one defendant carried a smartphone, while the other carried an older flip phone. The police looked through both without first getting search warrants.
Justice Roberts said there’s no comparison between cellphones and packages of cigarettes and other items that were at issue in the earlier cases.
Authorities concerned about the destruction of evidence can take steps to prevent the remote erasure of a phone’s contents or the activation of encryption, Justice Roberts said. The police still may seize the cellphone and turn it off or remove its battery. If they think that turning it off could trigger encryption when the phone is turned back on, police can leave the phone on and place it in a special Faraday bag that isolates the phone from radio waves, he said.
One exception to the warrant requirement left open by the decision is a case in which officers reasonably fear for their safety or the lives of others.
Justice Samuel Alito joined in the judgment, but he wrote separately to say he would prefer that elected lawmakers, not judges, decide current matters of privacy protection. Elected officials “are in a better position than we are to assess and respond to the changes that have already occurred and those that almost certainly will take place in the future,” Justice Alito said.
The decision will protect cellphones from warrantless searches going forward, but it may not be of much help to defendants in pending cases, or those whose convictions are final, said Gerry Morris of Austin, Texas, a vice president of the National Association of Criminal Defense Lawyers.
Mr. Morris said that courts could allow evidence to be used from police searches of cellphones that were done in “good faith: and relied on the law as it stood when the searches were conducted.