The Supreme Court granted certiorari review in two similar cases, both used with evidence obtained by means of a warrantless search of a cell phone during a lawful arrest.
One friend has said, “Wow, the Supremes are taking a serious look at cell phone searches! There’s been talk for a while now about the problems courts have applying old standard to modern technology. We may get a sea change in S&S law. Of course, we may not, too, but it’s really worth watching. If you have a cell phone search case now, for goodness sake make your 4th Am motion and/or objections (track the language in these 2 cases).” Thanks DE for your thoughts on this issue.
In Riley v. California, No. 13-132, a state case, the question presented is:
Whether evidence admitted at petitioner’s trial was obtained in a search of petitioner’s cell phone violated petitioner’s Fourth Amendment rights.
In United States v. Wurie,No. 13-212, the Feds appealed, the question presented is:
Whether the Fourth Amendment permits the police, without obtaining a warrant, to review the call log of a cellphone found on a person who has been lawfully arrested.
The cases are Riley v. California, No. 13-132, and United States v. Wurie,No. 13-212.