Monday, November 20, 2017

Supreme Court: Warrant needed to search phones

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A unanimous U.S. Supreme Court on Wednesday dialed up privacy protections for the 21st century, ruling that police need warrants before searching smartphones. The justices said smartphones must be screened off from warrantless searches because of their vast information capacity.

The ruling distinguishes smartphones and their ilk from objects such as wallets and purses, which law enforcement routinely searches when arresting people. "Cellphones differ in both a qualitative and quantitative sense from other objects that might be kept on an arrestee's person," Chief Justice John Roberts Jr. wrote. "They could just as easily be called cameras, video players, Rolodexes, calendars, tape recorders, libraries, albums, televisions, maps or newspapers."

They're also nearly omnipresent, making the separate cases brought by David Riley and Brima Wurie among the most closely watched of the Supreme Court's term.

"A decade ago, police officers searching an arrestee might have occasionally stumbled across a highly personal item such as a diary," Roberts noted. "Today, by contrast, it is no exaggeration to say that many of the American adults who own a cellphone keep on their person a digital record of nearly every aspect of their lives, from the mundane to the intimate."

The ruling opinion might kick off a new round of privacy challenges that involve technologies such as GPS data. "Today's decision is a huge win for individual privacy," declared U.S. Sen. Ron Wyden, an Oregon Democrat who serves on the Senate Intelligence Committee. "I aim to use this decision as a springboard to secure greater privacy rights in the days ahead."

The ruling unified outside advocates from the right and the left. Douglas Kendall, the president of the liberal Constitutional Accountability Center, said, "It's a good day for the Bill of Rights and for every American who cares about their privacy," while Ilya Shapiro, a senior fellow at the libertarian-leaning Cato Institute, said the ruling "means that being arrested for, say, not paying a speeding ticket will no longer open you up to having your entire life examined by law enforcement."

Riley, the man at the center of the more important of the two cases decided Wednesday, was pulled over by a San Diego police officer in 2009. Prosecutors and defense attorneys characterized him very differently. Riley's attorney called him a "college student." Prosecutors called him "a member of a San Diego Blood gang."

Police impounded Riley's Lexus for his driving with a suspended license, and in a subsequent search they found two guns. A police officer then scrolled through Riley's unlocked phone, finding video clips of gang initiation fights, pictures of gang signs and clips of a red Oldsmobile allegedly used in an earlier gang shooting.

Convicted on charges that included attempted murder, Riley was sentenced to prison for 15 years to life.

The attorneys general of 14 states supported California's law enforcement argument.

"We cannot deny that our decision today will have an impact on the ability of law enforcement to combat crime," Roberts wrote, while adding that "privacy comes at a cost."

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