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Court Rules Warrant Required for Cell Phone Searches

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
Re: Will this extend to teachers? by murmermer Dec 16, 2009, 5:20 PM Re: Will this extend to teachers? by Your real Dad Dec 16, 2009, 6:55 PM Re: Will this extend to teachers? by Mektah Dec 16, 2009, 8:29 PM Re: Will this extend to teachers? by Ask The Shack Dec 17, 2009, 9:43 AM Re: Will this extend to teachers? by mrpmpfan Dec 17, 2009, 8:43 AM Re: Will this extend to teachers? by stephen5688 Dec 17, 2009, 10:18 AM Re: Will this extend to teachers? by Fredd Dec 17, 2009, 10:37 AM Re: Will this extend to teachers? by zrock02 Dec 17, 2009, 11:21 AM (more replies...) Re: Will this extend to teachers? by stephen5688 Dec 17, 2009, 12:16 PM Re: Will this extend to teachers? by stephen5688 Dec 17, 2009, 12:20 PM (more replies...) Re: Will this extend to teachers? by Mektah Dec 17, 2009, 1:23 PM
Correct me if I am wrong, but...	evrodude	Dec 16, 2009, 5:58 PM
Re: Correct me if I am wrong, but... by crood Dec 16, 2009, 6:43 PM Re: Correct me if I am wrong, but... by SprintCC Dec 17, 2009, 1:45 PM
I keep in my cell phone	ecycled	Dec 16, 2009, 12:45 PM
Re: I keep in my cell phone by zrock02 Dec 16, 2009, 1:21 PM Re: I keep in my cell phone by Otowncell Dec 16, 2009, 2:24 PM Re: I keep in my cell phone by zrock02 Dec 16, 2009, 2:29 PM Re: I keep in my cell phone by ecycled Dec 16, 2009, 2:55 PM Re: I keep in my cell phone by zrock02 Dec 17, 2009, 11:04 AM
remote wipe	Jonathanlc2005	Dec 16, 2009, 6:56 PM

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