Cell phones are an integral part of many peoples’ daily lives. They allow for constant communication, information, and entertainment access. In creating this convenience, they also store incredible records of each individual’s interactions, thoughts, and whereabouts. For law enforcement, access to a suspect’s cell phone can offer a treasure trove of evidence and investigative leads. The ability to access so much information in a singular device has created tension between individual citizens’ privacy interests and law enforcement interests in investigating crimes. Recognizing the tension this technological advancement placed on established Fourth Amendment doctrine relating to police searches, the United States Supreme Court sought to restore balance in Riley v. California by requiring law enforcement to obtain a warrant before searching a cell phone seized incident to an arrest.
UNITED STATES v. MORTON: “CATEGORIES OF CONTENT” AND PRESERVING THE PARTICULARITY REQUIREMENT IN SEARCH WARRANTS FOR CELL PHONES
Volume 95, No. 3, Spring 2023