News From Terre Haute, Indiana

Latest News

June 25, 2014

Justices limit cellphone searches after arrests

WASHINGTON (AP) — In a strong defense of digital age privacy, a unanimous Supreme Court ruled Wednesday that police may not generally search the cellphones of people they arrest without first getting search warrants.

Cellphones are powerful devices unlike anything else police may find on someone they arrest, Chief Justice John Roberts said for the court. Because the phones contain so much information, police must get a warrant before looking through them, Roberts said.

"Modern cellphones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans the privacies of life," Roberts said.

The court chose not to extend earlier rulings 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 the cellphone searches, said cellphones should have no greater protection from a search than anything else police find.

But the defendants in these cases, backed by civil libertarians, librarians and news media groups, argued that cellphones, especially smartphones, are increasingly powerful computers that can store troves of sensitive personal information.

In the cases decided Wednesday, one defendant carried a smartphone, while the other carried an older flip phone.

Roberts said the comparison to packages of cigarettes and other items that were at issue in the earlier cases is not apt.

A ride on horseback and a flight to the moon both "are ways of getting from point A to point B, but little else justifies lumping them together," he said.

Authorities concerned about the destruction of evidence can take steps to prevent the remote erasure of a phone's contents or the activation of encryption, Roberts said.

One exception to the warrant requirement left open by the decision is a case in which officers reasonably fear for their safety or the lives of others.

The two cases arose following arrests in San Diego and Boston.

In San Diego, police found indications of gang membership when they looked through defendant David Leon Riley's Samsung smartphone. Prosecutors used video and photographs found on the smartphone to persuade a jury to convict Riley of attempted murder and other charges. California courts rejected Riley's efforts to throw out the evidence and upheld the convictions.

The court ordered the California Supreme Court to take a new look at Riley's case.

In Boston, a federal appeals court ruled that police must have a warrant before searching arrestees' cellphones.

Police arrested Brima Wurie on suspicion of selling crack cocaine, checked the call log on his flip phone and used that information to determine where he lived. When they searched Wurie's home and had a warrant, they found crack, marijuana, a gun and ammunition. The evidence was enough to produce a conviction and a prison term of more than 20 years.

The appeals court ruled for Wurie, but left in place a drug conviction for selling cocaine near a school that did not depend on the tainted evidence. That conviction also carried a 20-year sentence. The administration appealed the court ruling because it wants to preserve the warrantless searches following arrest.

The justices upheld that ruling.

 

1
Text Only | Photo Reprints
Latest News
Latest News
TribStar.com Poll
AP Video
Raw: Massive Dust Storm Covers Phoenix Raw: Shipwrecked Concordia Completes Last Voyage Raw: Bolivian Dancers Attempt to Break Record Raw: Israel, Palestine Supporters Rally in US Raw: Palestinians and Israeli Soldiers Clash Israel, Hamas Trade Fire Despite Truce in Gaza 12-hour Cease-fire in Gaza Fighting Begins Kangaroo Goes Missing in Oklahoma Video Shows Smiling American Bomber in Syria Kerry: No Deal Yet on 7-Day Gaza Truce Baseball Hall of Famers Inducted Fox Dons 'Bondage Strap' Skirt at Comic-Con Cumberbatch Brings 'Penguins' to Comic-Con Italy's Nibali Set to Win First Tour De France Raw: Violent Clashes Between Libyan Militias Raw: Sea Turtle Hatchlings Emerge From Nest Judge Faces Heat Over Offer to Help Migrant Kids Virginia Governor Tours Tornado Aftermath Raw: Sirens After Explosions in Israel Raw: Deadly Tornado Hits Virginia Campground
NDN Video
Big Weekend For Atlanta Braves In Cooperstown - @TheBuzzeronFox Chapter Two: Becoming a first-time director What's Got Jack Black Freaking Out at Comic-Con? Doctors Remove 232 Teeth From Teen's Mouth Bradley Cooper Explains His Voice in 'Guardians of the Galaxy' Deja vu: Another NYPD officer choke-holding a suspect 'Fifty Shades of Grey': Watch the Super Sexy First Trailer Now! Reports: Ravens RB Ray Rice Suspended For 1st 2 Games Of The Season Air Algerie plane with 119 on board missing over Mali Diamond Stone, Malik Newman, Josh Jackson and others showcase talent Free Arturo - The World's Saddest Polar Bear A Look Back at Batman On Film Through The Years LeBron James -- Dropped $2k On Cupcake Apology ... Proceeds To Benefit Charity Snoop Dogg Says He Smoked Weed at the White House Raw: Fight Breaks Out in Ukraine Parliament Chris Pratt Interrupts Interview To French Braid Intern's Hair Shirtless Super Mario Balotelli Dances While Ironing - @TheBuzzeronFOX Whoa! Watch "Housewives" Star Do the Unthinkable LeBron apologizes to neighbors with cupcakes Justin Bieber In Calvin Klein Underwear Shoot
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
  • -

     

    March 12, 2010

activity