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Unpublished Paper
Police Cell Phone Searches: Where's The Privacy?
ExpressO (2012)
  • John O. Hayward
Abstract
Legal academicians are in a dither that law enforcement, using the exception of a search incident to a lawful arrest, are conducting warrantless searches of cell phones found on the person of those they take into custody. They regard such searches as violating the arrestees’ expectation of privacy, although courts that have considered the matter, by an overwhelming majority, have found lawful arrest trumps any expectation of privacy. This paper examines the legal precedent for searches incident to a lawful arrest being an exception to the Fourth Amendment’s prohibition against unreasonable searches and seizures, inquires into the expectation of privacy and exactly how, and if, cell phones fall under its umbrella, and analyzes two leading cases in this area to determine which is more consistent with U.S. Supreme Court opinions and the better rule of law.
Keywords
  • Police Cell Phone Searches; Searches Incident to Arrest; Cell Phone Privacy
Disciplines
Publication Date
September 12, 2012
Citation Information
John O. Hayward. "Police Cell Phone Searches: Where's The Privacy?" ExpressO (2012)
Available at: http://works.bepress.com/john_hayward/14/