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NACDL News: Cellphone Privacy and the Fourth Amendment at the Supreme Court
By Ivan J. Dominguez and Isaac Kramer
NACDL News columns.
The U.S. Supreme Court heard arguments on April 29 in two important cases related to law enforcement searches of cellphones incident to arrest and the Fourth Amendment. The first case, United States v. Wurie, asks if police, without obtaining a warrant, should be allowed to review an arrestee’s cellphone call log. The second case, Riley v. California, focuses on the admissibility of evidence seized through the search of an arrestee’s Smartphone without a warrant.
NACDL has long maintained that the Fourth Amendment does not die the moment an individual encounters a police officer or is suspected of a crime. NACDL filed amicus briefs in both of these cases, arguing that the police should obtain a warrant before searching the contents of an individual’s cellphone and call log. And in both Riley and Wurie NACDL encourages the Court and the public to recognize the real world loss of privacy that would occur if Fourth Amendment protections and individual privacy interests are no
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