Cellphones and smartphones generally cannot be searched by police without a warrant during arrests, the Supreme Court ruled unanimously Wednesday in a major victory for privacy rights.
Ruling on two cases from California and Massachusetts, the justices acknowledged both a right to privacy and a need to investigate crimes. But they came down squarely on the side of privacy rights.
"Modern cellphones, as a category, implicate privacy concerns far beyond those implicated by the search of a cigarette pack, a wallet or a purse," Chief Justice John Roberts wrote for the court.
"We cannot deny that our decision today will have an impact on the ability of law enforcement to combat crime," he said. "Privacy comes at a cost."
The justices struck down an extensive smartphone search in California that had been upheld by the state Court of Appeals, as well as a more limited probe of an old flip-top cellphone in Massachusetts that a federal judge already had thrown out.
Currently, police can search a person under arrest and whatever physical items are within reach to find weapons and preserve evidence that might be destroyed. But the justices noted that vast amounts of sensitive data on modern smartphones raise new privacy concerns that differentiate them from other items.
How about that !!!! Finally some good 'common sense' Law Ruling
AMEN TO THAT....FINALLY SOME JUSTICE...
That's a start, but, what about busting people's doors down, shooting unarmed, innocent people, taking their private possessions and scrutinizing it to the Nth degree? What about traffic stops, guilty until proven innocent, attacking people, maiming, shooting sometimes, searching cars, tearing the upholstery to shreds and then find nothing and say, Oh, we're sorry, Yeah, of course you are. Admitting to one little right and let's see how long that is obeyed. It's a façade, a crying shame and disgrace of what this country has morphed into. If you had the ability, by the Grace of God, to die for a year and be able to come back to Earth with all your senses and memories, you would not know this country or recognize anything that takes place, You would ask God to take you back from where you came, assuming it was Heaven. That's how fast this country is on the roller coaster of radical change. Some of it is just too mind boggling.
There should be a law passed that when they destroy the interior of a car or anything else, they should be made to fix or replace whatever they destroy...And then made to publicly say they are sorry for the mistakes they made...That would make them think twice...they hate to say they are sorry for anything...
Take that obama and stick that up your Muslim
I'm sorry, but, I don't call that much of a victory. I think there some valid points to refute that as being a victory. You need to read about some of the things that are taking place in this country. Yes, a victory for a cell phone user, what about all the other rights we are supposed to be endowed with?
How about people uniting and FIGHTING for those right as was done here? People want things done, but always want someone else to do it!
William, you are right...It needs to go a lot further in making sure ALL OUR RIGHTS are addressed and there are already laws in place, they just need to be enforced...It's called the CONSTITUTION AND THE BILL OF RIGHTS...
ah forgot to copy and so all was erased. Does anyone get a red dot of about an inch in diameter when they open their website? i was getting this on jest Explorer and now on the others! Oh oh, I have been tagged as an honorable real American!!!
That happened to a guy I know. He hasn't been seen for awhile. :-)