Every now and then The Nine agree on something. Among the unanimous rulings the U.S. Supreme Court issued in the final stretch this year was Riley v. California, which held that law enforcement officials may not make a warrantless search of a person’s cellphone incident to an otherwise lawful arrest.
(Justice Samuel A. Alito Jr. wrote separately but concurred in the judgment. So The Nine mostly agreed, at least.) While some commentators lauded the ruling as a “sweeping” vindication of privacy rights in the digital age, others took a more blasé tone, calling the decision constitutionally sound and protective of individual liberties, but declining to lionize the justices as digital pioneers for grasping that smartphones are fundamentally different from, say, the contents of someone’s wallet or glove compartment.
Originally published in The Chicago Daily Law Bulletin on August 12, 2014.
Please see full article below for more information.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Topics: Cell Phones, Mobile Devices, Riley v California, SCOTUS, Search Warrant, Warrantless Searches
Published In: Constitutional Law Updates, Criminal Law Updates, Privacy Updates, Science, Computers & Technology Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Loeb & Loeb LLP | Attorney Advertising