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Cell Phone Searches Require Warrant
schleprock63 writes "The Ohio state supreme court has decided that a cell phone found on a suspect cannot be searched without a warrant. The majority based this decision on a federal case that deemed a cell phone not to be a 'closed container,' and therefore not searchable without a warrant. The argument of the majority contended that a cell phone does not contain physical objects and therefore is not a container. One dissenting judge argued that a cell phone is a container that simply contains data. He argued that the other judges were 'needlessly theorizing' about the contents of a cell phone. He compared the data contained within an address book that would be searchable." The article notes that this was apparently the first time the question has come up before any state supreme court.
but the pattern in rulings related to "Terry stops" seems to be the other way. Florida recently ruled that a search of a car someone just left was approprite "to ensure officer safety", though a search of a house was not.
I'm trying to figure out how a knife in a car would pose a danger to a police officer when the owner is sitting in the back of a patrol car.
Sadly: the tendancy for decades seems to be away from protection of the citizen's rights.
Ok, first off, I am a Police Officer in the state of Oklahoma (I know each state is different...) so with that being said, the search of a closed container during an arrest is for safety/inventory purposes.
I have never even thought I had a right to examine the contents of the phone past the initial screen (no pushing buttons, etc) OR a flash drive with out a warrant. Even when I server a search warrant on a house to retrieve and search electronic storage devices I must always specify that I will be searching the contents of every object found including any phones, disk, computers, cameras, etc. If, during my warranted search I find evidence of the suspect using an online e-mail service (I.E. g-mail) I must again obtain a warrant for this service as well. This is to protect the peoples right to freedom of speach. If I can not convince the judge that the suspect was using the service to conduct illegal activity pertaining to my previous warrant then the Judge will not grant my warrant. In my opinion this is perfectly logical!
If I am arresting some one for suspicion of dealing narcotics, I can justify a warrant on the phone to look for contacts, messages, etc. If I am arresting them for DUI, what reason could I have for needing to search the contents of the phone? If I am sworn to protect the public, I am just as sworn to protect the civil rights of the public! If I go to a neighboring city/state I would expect the same protection.