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Police’s Right To Search A Cell Phones And Smart Phones Without A Warrant After An Arrest

721 words - 3 pages

As of today police officers are required to get a warrant to search any kind of property of the individual being arrested. These warrants require probable cause for the search of specific properties issued by an impartial judge. Those rights are protected by the Fourth Amendment of the United States Constitution. Over the years, the United States Court has made exceptions to these requirements, which essentially allow the police to search certain types of property without a warrant and infuriating a lot of citizens. One of the big conflicts that citizens and officers are facing is case of Cellphones and smart phones, until now, the Court had not addressed whether this fit into an ...view middle of the document...

California and United States v. Robinson, holding that police may search a suspect's person and the immediate control during a lawful arrest. This exception serves two governmental interests: 1- the need to ensure officer safety and disarm the suspect and 2- the need to prevent destruction of evidence. But, as the Court stressed in a recent case, when there is no possibility that the suspect could gain access to a weapon or destroy evidence both justifications for the search-incident-to-arrest exception are absent and the rule does not apply. In Arizona v. Gant, the basic rule under the Fourth Amendment is that: searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable. So why should cellphones be the exception?
In the transcript of the case of Wurie, page 39 paragraph numbers 1 and 2, it is argued whether there is an expectation of privacy for cellphones. It is, when an individual pays for a phone the information they store in there it’s only for their personal use, and since there is an...

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