Chapter 9, Article 2 Supreme Court: Police Need Warrant to Search Cell Phones One of the primary points of interest discussed in chapter nine of the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, and Jonathon Kingsbury, is the utilization of warrantless and warranted searchers. However, one of the rudiments the chapter did not completely touch base on was the lawful or unlawful search of a suspect’s cell phone. One article titled, Supreme Court: Police Need Warrants to Search Cell Phones by Bill Mears, discloses to the general public the importance of an officer needing a warrant to search a suspect’s cell phone, and additionally, the previous consequences that have occurred
Justice Harlan’s reasonable expectations test in Katz vs. United States (1967) considers whether a person has an “actual (subjective) expectation of privacy” and if so, whether such expectation is one that “society is prepared to recognize as ‘reasonable.’” (Solove and Schwartz 99) If there is no expectation of privacy, there is no search and no seizure (reasonable, or not), and hence no Fourth Amendment issue. Likewise, we must first ascertain whether a search took place. A few questions from a police officer, a frisk, or the taking of blood samples do not constitute a search. (Solove and Schwartz 83; 86) Likewise, the plain view doctrine establishes that objects knowingly exhibited in a public area, in plain view for police to see, do not
The Court held that because of the “special facts” the “attempt to secure evidence of blood-alcohol content in this case was an appropriate incident to petitioner’s arrest.” Under current jurisprudence, we would construe the language about “special facts” as relating to the exigent circumstances exception to the Fourth Amendment – which resists categorical rules – and instead focuses on the need for the intrusion and the availability of a warrant. However, the language also justifies the search as “incident to petitioner’s arrest,” which would indicate that the test was upheld as a search incident-to-arrest. In situations where it is appropriate, that has been described as a “categorical” exception to the warrant requirement that does not require any case-by-case
Robert mentioned that Chimel v. California works as precedent for the decision made in Riley v. California. Robert also included that cell phones in today’s era have enough storage capacity that a person’s entire life can be found on the device. Therefore, they should be protected by the 4th amendment right. Samuel Alito also gave a concurring option, but found the final decision somewhat questionable. Alito argues that the final decision in Riley v. California can create anomalies within their system. Alito mentions that under current law police officers are allowed to seize and analyze hard copies of information found on a suspect, but not cell phone data. Furthermore, Alito suggests that congress and legislature might need to consider creating new laws that make a distinction between the different types of categories of information and or other
The logic used by the Court in order to justify their conclusion is fraught with weak reasoning and dangerous interpretations of the Constitution. It violates the precedent set in Miranda and seems tainted with a desire to justify consent searches at any cost. Schneckloth v. Bustamonte is a decidedly pro-order case because it qualifies another excuse police can raise to search a citizen, but it is also dangerous because it shows that the Court is not the unbiased referee between liberty and democracy that it should be.
The Supreme Court has held that vehicle searches are permitted if the arrestee is unsecured and is reaching distance from the passenger compartment or if the vehicle would have evidenced related to the arrest. Riley v. California, 134 S.Ct. 999 (2014). Searches based on information received from a seized cell phone must be permitted by warrant. Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710 (2009).
Search and seizure in Canada has evolved into the Charter of Rights and Freedoms as an important asset in the legal world. The case of R v. TSE sets an important example of how unreasonable search and seizure is in Canada. An important section that relates to this case is s. 8. The main concerns with this case are whether the police abuse their powers to search and seize Yat Fung Albert Tse, the fact that when the police did enter into the wiretap they did not have a warrant and also that it is a breach of privacy without concern.
“You are a police officer assigned to a task force that is investigating major drug trafficking operations in your jurisdiction. As part of the investigative process, a judge has issued a wiretap order for a suspect’s phone. You are assigned the responsibility of monitoring phone conversations, and you overhear the suspect as well as other individuals who may or may not be involved in the drug ring. Before obtaining enough evidence to arrest and prosecute the suspect, you hear evidence related to other types of criminal activity.”
The United States Supreme Court, in Howes v. Fields, rejected a per se rule that questioning a prison inmate in a room isolated from the general prison population about events occurring outside the prison is custodial interrogation. The Fifth Amendment of the Constitution requires that a person in “custodial interrogation” be read Miranda rights, those rights which come from the case of Miranda v. Arizona. The Sixth Circuit affirmed, holding that a prisoner is in custody within the meaning of Miranda if the prisoner is taken away from the general prison area and questioned about events that occurred outside the prison. The Sixth Circuit held that the interview of Fields in the room was a “custodial interrogation” because isolation from the rest of the prison combined with questioning about allegation outside the prison makes such an interrogation custodial per se. The term “custody” refers to circumstances where the danger of coercion is present. A court will look to the objective circumstances of the interrogation to find whether a person is in custody. In order for statements made ...
You have the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during police questioning, if you cannot afford an attorney, one will be appointed to you by the state. These words have preceded every arrest since Miranda v. Arizona 1966, informing every detained person of his rights before any type of formal police questioning begins. This issue has been a hot topic for decades causing arguments over whether or not the Miranda Warnings should or should not continue to be part of police practices, and judicial procedures. In this paper, the author intends to explore many aspects of the Miranda Warnings including; definition, history, importance to society, constitutional issues, and pro’s and con’s of having the Miranda Warnings incorporated into standard police procedures.
Numerous court cases have been held regarding the matters of not only police searching a car but searching your person, the bus or train a person is on and even that persons personal belongings such as a purse, cigarette cases or wallet without a warrant. A warrant is an absolute must to enter into your car home or property. These types of Police Officers Often Misuse and Overuse their powers when it comes to Conducting Searches on Persons or Property cases very often prove that officers may take their power to far and often on purposes (Search Warrants Explained 1...
The act of search and seizure is derived from the Fourth Amendment of the U.S. Constitution. The Fourth Amendment is focused on privacy. Its sole purpose is to protect against unreasonable search and seizures performed by State and/or Federal authorities. Most search and seizures are performed by law enforcement officials. There are certain circumstances in which search and seizures are considered reasonable. They can include but not limited to, owner consent, an issued warrant, probable cause, reasonable suspicion and reasonable expectation of privacy. With any of these circumstances an officer has the right to conduct a search of the suspect. A search and seizure is only to be considered unlawful when an individual’s personal property i.e., their house or car is searched or breached without owner consent. Consent is the permission granted for a search to given in one’s personal property. Otherwise, a warrant must be issued for the conducted search in order for evidence to be admitted lawfully. If...
Micek, John L. “Is your cellphone protected by the 4th Amendment? Maybe not: What do you think?”The Patriot-News. (29 Apr. 2014).Web. 29 Apr. 2014
Leo, R. A., & Thomas, G. C. (1998). The Miranda Debate: Law, Justice, and Policing. In R. A. Leo, & G. C. Thomas, The Miranda Debate: Law, Justice, and Policing (p. 343). Boston, Massachusetts: Northeastern University Press.
The controversy in this case was did the search and seizure of Terry and the men he was with violate the Fourth Amendment? This case tried to determine the role of the Fourth Amendment when police are investigating suspicious circumstances on the street, and when there is probable cause to search someone that is displaying questionable behavior (Justia, n.d.).
Over the past few years, technology has grown to be the driving force in human productivity and efficiency. Technology has been incorporated into our everyday lives to help us perform daily activities and bridge long distance communication. Although technology has brought us many advantages, it has also created quite few ethical issues along the way. Some of the biggest ethical issues technology has created revolve around cell phones. These issues include cell phone tracking and using the cell phone to cheat. Cell phone privacy can be compromised in many situations regarding phone call tracking and messaging. Cell phone use is also starting to be abused by students and other test takers to cheat on tests. Even if the person has good moral standards, sometimes the right decision to make is not always clear.