The Supreme Court, in a unanimous ruling, has ruled that cell phone searches without a warrant are unconstitutional.
Chief Justice John G. Roberts Jr. stated that cellphones contain a lot of private information. The judge likened cellphones to typical household items that are considered private such as diaries, cameras, and televisions, which is why he believes that cellphones should be treated no different and should not be seized during an arrest, according to the Los Angeles Times.
Law enforcement officials have long ridiculed the thought of having to obtain a search warrant in order to look at a suspect’s cellphone. They believe that going through their cellphone should be part of the typical search for weapons and other potential dangers. The Supreme Court, on the other hand, considers the device harmless and affirms that it should be excluded from the process.
The court ruling is a result of a decision based on two April cases. The first case was a California case in which a man named David L. Riley was pulled over for having expired car tags in 2009. After pulling him over, police found loaded guns and discovered that Riley was part of a gang, after searching his cellphone; Riley was sentenced to 15 years in prison for attempted murder. Another case involved Brima Wurie of Boston, who was arrested in 2007 for gun and street crimes, according to the The New York Times.
Roberts stressed that police may be able to justify phone searches if there is a probable cause to believe that criminal activity is taking place. Otherwise, officers should stick to obtaining search warrants.