California to allow warrant-less search of mobile phones

[MysticCat]

Originally Posted by Alumiyum

What if the decision is overturned, couldn't he get off on an appeal? (I'm just interested in law and like asking questions. Drives my dad nuts.)

This was the appeal. Despite what was in the blurb DS quoted ("a Superior Court in Ventura County, California"), this was a California Supreme Court decision. No one but the US Supreme Court can overturn them.

I've skimmed the decision (and the dissent), and my sense is that the California Supreme Court followed US Supreme Court precedent appropriately. The dissenters rely on how the SCOTUS decisions relied on by the majority could not have contemplated newer technologies, and this may indeed be one of those instances of the law needing to "catch up" with technology. But in the meantime, SCOTUS precedent is what it is, and it looks to me like the California Supreme Court properly followed it.

[Ch2tf]

Originally Posted by MysticCat

This was the appeal. Despite what was in the blurb DS quoted ("a Superior Court in Ventura County, California"), this was a California Supreme Court decision. No one but the US Supreme Court can overturn them.

I've skimmed the decision (and the dissent), and my sense is that the California Supreme Court followed US Supreme Court precedent appropriately. The dissenters rely on how the SCOTUS decisions relied on by the majority could not have contemplated newer technologies, and this may indeed be one of those instances of the law needing to "catch up" with technology. But in the meantime, SCOTUS precedent is what it is, and it looks to me like the California Supreme Court properly followed it.

MC so how is the cell phone different than say a lap top? (Not being snarky, I'm actually curious).

[DaemonSeid]

Originally Posted by Ch2tf

MC so how is the cell phone different than say a lap top? (Not being snarky, I'm actually curious).

I was going to ask the same especially considering now that the line is blurring between smartphones and dedicated laptops.

[MysticCat]

Originally Posted by Ch2tf

MC so how is the cell phone different than say a lap top? (Not being snarky, I'm actually curious).

I guess the short answer is that it may not be different.

The principle involved is that a search incident to an arrest does not require a warrant -- that the Fourth Amendment does not prevent police officers from searching a person at the time of arrest in order to ascertain whether the person has weapons or to preserve evidence that otherwise could be destroyed. Such a search is limited to the person being arrested (that's why cell phones come into play, as they are often in pockets or on holsters) or within arm's reach.

I don't know of a case involving laptops as part of a search incident to an arrest, but the same principles could apply, at least until SCOTUS says otherwise (or a state adopts a law requiring a warrant to search laptops).