The decision came from two cases, one involving a flip phone, the other a smart phone. In San Diego, police used pictures from the arrestee’s smart phone as well as guns found in his trunk to link him with a gang and prior shooting. Another man in Boston was arrested on a drug charge and later linked to the crime when he received a picture of crack-cocaine via text. The U.S. Government tried to argue that cell phones should be treated like any other item seized on an arrestee, such as wallets, address books, or purses. the Supreme Court rejected this argument, with Chief Justice John Roberts writing that comparing a cellphone to a wallet “is like saying a ride on horseback is materially indistinguishable from a flight to the moon.” Many have been advocating for years that cell phones should be protected under the Fourth Amendment, which gives individuals the right to be “secure in their persons, houses, papers, or effects.” The U.S. Supreme Court agreed, writing, “The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought.” While this decision is targeted specifically at cell phones, it will likely apply to other technological devices such as tablets or laptops, and wearable devices like fitbits and google glass.
Posted on: Thu, 26 Jun 2014 18:27:15 +0000
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