Cell Phones And The Bill Of Rights

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Recommended: Questions on the fourth amendment

As technology continues to advance, digital data and personal privacy have become even more crucial to protect. Mobile phones operate similar to small computers and have become an integral part of the way people communicate and live their lives and can contain a digital record of virtually every aspect of a person’s life. The Fourth amendment was added to United States Constitution in December 1791 as part of the Bill of Rights. As stated by Swidle, the Fourth Amendment specifically provides: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Swidle, 2013). …show more content…

Officers searching incident to arrest, seized Riley’s cell phone uncovering evidence of gang activity and subsequently ties to a gang related shooting. Additionally, Brima Wurie was arrested when officers observed him consummating an apparent drug deal. Officers seized Wurie’s cell phone incident to arrest at which time they observed several missed calls from the same number and wrote down the caller’s number. Subsequently this led to a drug dealers bonanza. Consequently, the main legal issue in the article is whether warrantless law enforcement searching of cell phones incident to arrest violates the Fourth Amendment rights (Harvard,

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