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Florida Supreme Court Rules Police Need Warrant To Search Cell Phones
An anonymous reader writes "In a case stemming from a Jacksonville burglary, the Florida Supreme Court ruled 5-2 Thursday that police must get a search warrant before searching someone's cell phone. 'At this time, we cannot ignore that a significant portion of our population relies upon cell phones for email communications, text message information, scheduling, and banking,' read the majority opinion (PDF), authored by Justice Fred Lewis. 'The position of the dissent, which would permit the search here even though no issue existed with regard to officer safety or evidence preservation, is both contrary to, and the antithesis of, the fundamental protections against government intrusion guaranteed by the Fourth Amendment.'"
Somebody check for snow in Tallahassee!
What exactly makes a cellphone (or any digital device) different than any other personal posession? Why did it take a special court ruling (and probably millions of dollars) to "clarify" this "issue"? Does the law (and the constitution) not already state that a person cannot be searched without due process?
Where in the world did this confusion come from?
Cell phones are carried about on your person. Historically, when you are arrested, the police review and inventory items on your possession. They are able to do so because they are arresting you. Any evidence found on your person is admissible in court. However, the modern day cell phone often extends above and beyond the things that a normal person might carry on their person. You might have thousands of messages, emails, your bank statements, and other personal and confidential information you do not make a habit of carrying with you. If the police need access to that information, and have probable cause, then they should have to get a warrant to do so. Just as they would need a warrant to review my call logs, my bank statement, or to search through my house.