US Justices tell police to get warrants to search cellphones
By Mark Sherman, AP
June 28, 2014, 12:03 am TWN
WASHINGTON--A unanimous U.S. Supreme Court ruled Wednesday that police generally may not search the cellphones of people they arrest without first getting search warrants in an emphatic defense of privacy in the digital age.
Cellphones are unlike anything else police may find on someone they arrest, Chief Justice John Roberts wrote for the court. They are "not just another technological convenience," he said, but ubiquitous, increasingly powerful computers that contain vast quantities of personal, sensitive information.
"With all they contain and all they may reveal, they hold for many Americans the privacies of life," Roberts declared. So the message to police about what they should do before rummaging through a cellphone's contents following an arrest is simple: "Get a warrant."
The chief justice acknowledged that barring searches would affect law enforcement, but he said: "Privacy comes at a cost."
By ruling as it did, the U.S. court chose not to extend earlier decisions from the 1970s— when cellphone technology was not yet available — that allow police to empty a suspect's pockets and examine whatever they find to ensure officers' safety and prevent the destruction of evidence.
The Obama administration and the state of California, defending cellphone searches, said the phones should have no greater protection from a search than anything else police find. But the defendants in the current cases argued that cellphones, especially smartphones, can store troves of sensitive personal information.