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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
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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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