☰ In this section

The Champion

November 2011 , Page 16 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Can Police Search Your Cell Phone, and Even Break Your Password, During An Arrest?

By Adam M. Gershowitz

This is a condensed version of a previously published article. Adam M. Gershowitz, Password Protected? Can a Password Save Your Cell Phone From a Search Incident to Arrest?, 96 Iowa L. Rev. 1125 (2011) (reprinted with permission). 

Over the last decade, cell phone use has exploded. Many Americans now carry incredible amounts of information in their phones, including pictures, documents, music, text messages, and emails. Not surprisingly, the fact that cell phones are carried in public and hold enormous amounts of data has made them attractive targets for law enforcement.

In recent years, prosecutors have sought to admit evidence from cell phone searches based on the search incident to arrest doctrine. That doctrine — which has been used by police on the street for decades — allows police to conduct a complete search of the items on an arrestee following any custodial arrest. Searching cell phones following an arrest obviously gives law enforcement access to far m

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.
Advertisement Advertise with Us

In This Section

Advertisement Advertise with Us