Cell Phone Searches

NYT: Law of Cell Phone Searches is a Mess!

There was an interesting article in today’s New York Times about the horrible mess that the law of cellphone searches is currently in. The problem is that courts are moving by analogy to prior technology (or brick and mortar items) and none of these items are perfectly applicable. Our cell phones are more than the old Ma Bell Rotary Dial phone. They are not like the standard items people leave laying around their car or the wallet which can be inventoried in a police booking. They contain deep personal information and should be regarded as having special protection under our Forth Amendment.