Supreme Court to Assess Digital Privacy Laws


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The Supreme Court will examine a major review of digital privacy in the coming months regarding two high profile cases involving data on personal devices. The court accepted the review last week after two appeals were received regarding the need of a warrant by police to search data on a suspect’s cellphone.

Suspects in California and Massachusetts were convicted after text messages, phone numbers, and addresses were obtained by searching their electronic devices. One case involved an old style flip phone with limited data. The other involves a weapons charge that became something more after police found photos and videos suggesting the suspect was a gang member. The information helped prosecutors win a conviction of 15 years.

Oral arguments for the Supreme Court case could be held in early April, with a ruling reached by June. The Supreme Court’s review is not the only high profile case involving digital information. President Barack Obama will also review the National Security Agency surveillance of metadata phone records.

With mobile device technology continually growing, the vast amount of digital information needs to be taken into account with criminal processing. Judges nationwide are divided on how to apply current laws on searching items a suspect possesses following an arrest.

At heart, the biggest reason for the review is that the American Constitution’s Fourth Amendment protects against unreasonable searches and seizures. However, the American government stands behind searches of persons and vehicles to ensure officers safety and prevent any destruction of evidence.
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Stephen Melkisethian

Searches of personal digital data performed by police can turn minor infractions into major felony convictions. Not far from this is another legal problem, such as whether police can use cell phone service providers to find out where a suspect is located.

At least six federal appellate courts have ruled cell phone searching is legal. At least three others have said search warrants are required. At least 85-percent of Americans own a cellphone, with a large majority being smartphones which can contain mass storage of personal information.

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