Search Incident to Arrest Cell Phone Dilemma

If the search for arrests on mobile phones infringes personal rights, the Supreme Court has stepped up to answer this question. The lower court divided the judgment. The two lawsuits discussed by the Supreme Court were Riley v. California and Wurie vs. the United States. In Riley and California, David Riley was parked due to an expired label and suspension of driving, so his car was arrested. The restrained San Diego police policy is to record the contents of the car where they found a gun.

The search for the case of arresting a cell phone picture because the defendant was arrested for driving was canceled and no crime could be found on the mobile phone. McRae, number CR 408-231, 2009 WL 29607, * 4, n.4 (SD Ga. January 5, 2009) (Although we maintained a limited mobile phone search even after the arrest of the statutory rape case, in this case , Noting that mobile phones were not proposed (can save a lot of money)) computer data may be affected).

Due to possible reasons, domestic mobile search should never be done without a warrant. There is no difference between the search of the mobile phone and the search of the personal computer. The Supreme Court ruled that despite the long-standing rule that the police permit searching for arrest cases, the amount of information available on mobile phones is unprecedented and it is not possible to search cell phone cases without arrest warrants.

6 In addition, mobile phones are becoming increasingly computer-aware as they now include the Internet, e-mail, and photos. Complete forensic search of such phones may reveal more evidence than a simple search. In general, please refer to "Mobile Forensics Guide" by Wayne Jansen and Rick Ayers (National Institute of Standards and Technology No. 800-101, 2007). In normal view cases, an agent who views convicted images is involved, but in some cases the name associated with the file (especially child pornography) may also be guilty. Commonwealth v. Hinds, 768 NE 2 d 1067, 1073 (Mass. 2002) (Officials who found evidence of an attacker's legitimate search open an image file with an explicit name of gender accused "flat view" F. Supplement 2d 423, 445-49 (D.R.I.