Supreme Court Rules Warrant Required to Search Cell Phones

On Wednesday, the Supreme Court ruled in favor of new privacy laws, requiring police officers and law enforcement officials to obtain a warrant before searching criminal suspects’ cell phones or other small electronic devices. The unanimous 9-0 vote of the justices ruled smart phones and other electronic devices are not in the same category as wallets, briefcases, and vehicles, which are subject to a limited inspection for the officers protection and preservation of evidence.

While law enforcement officials have their concerns that this will hurt some pending and future investigations, we as criminal defense lawyers applaud the justices for honoring the foundations of the Fourth Amendment and upholding Americans’ rights to privacy. As Chief Justice John G. Roberts Jr. put it, “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.” In response to law enforcement concerns, he went on to say, “Privacy comes at a cost.” It is unclear at this point in time whether or not pending or prior convictions involving cell phone and other handheld electronic data will be upheld.

So remember, if you are stopped, police need a warrant to search your cell phone. Use your rights to privacy and silence, cooperate with the officers and immediately give us a call. We will be there to protect your rights.