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Court Rules Warrant Required for Cell Phone Searches

Article Comments  32  

Dec 16, 2009, 12:28 PM   by Eric M. Zeman

The Ohio Supreme Court has ruled that law enforcement officials need to first get a search warrant before they can examine the contents of a cell phone. The only exception would be if the officer deems his or her life is in imminent danger. The decision was reached after a criminal trial in which a defendant claimed unreasonable search and seizure of his phone after being arrested, a violation of the Fourth Amendment. Lawyers argued whether or not cell phones can be considered "closed containers", which is what the Fourth Amendment actually protects. In this case, cell phones were ruled closed containers, and now require separate warrants to be searched in the state of Ohio. Other states have taken the opposing position. The U.S. Supreme Court has not made any rulings on this issue, and the lawyer who lost this particular ruling in Ohio is still considering an appeal at that level.

more info at Wireless Week / Associated Press »

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Subject Author Date
Will this extend to teachers? stephen5688 Dec 16, 2009, 3:32 PM
Correct me if I am wrong, but... evrodude Dec 16, 2009, 5:58 PM
I keep in my cell phone ecycled Dec 16, 2009, 12:45 PM
remote wipe Jonathanlc2005 Dec 16, 2009, 6:56 PM
 
 
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