Warrantless Searches of Cell Phones, Wurie and Riley: “So [Search] me Maybe!”

• In Event: Police Discretion in Stops and Searches

Abstract

Cell phones have become a ubiquitous part of life around the globe. It is estimated that over 90% of adults in the United States have some form of cell phone. Indeed, ownership is remarkably high across demographic factors like age, gender, race, education and income levels (Pew 2013). As phones have gained in popularity their memory and application have also vastly grown. It is estimated that over 80% of cell phone users engage in texting. Moreover, 60% access the internet over their phone and over half send or receive email (Pew 2013). As a result of use and increased capacity a large amount of personal information resides on cell phones. The United States Supreme Court recently granted certiorari for two cases involving the warrantless searches of cell phones by the police incident to arrest. This paper will first examine the foundational Fourth Amendment case law regarding searches and seizures. Next the case law related to the search incident to arrest will be reviewed. Third, the cases of Riley v. California and U.S. v. Wurie will be explained. Last, the policy implications of the cases will be discussed.

Author

• Tom "Tad" Hughes, Southern Police Institute