United States v. Wurie
Brief Details
- Case No.: 13-212
- Brief Filed: April 09, 2014
- Jurisdiction: United States Supreme Court
Key Topics in the Brief
Briefs
Prior Decision
Decision below 728 F.3d 1 (1st Cir. 2013).
Question Presented
Whether the Fourth Amendment permits the police, without obtaining a warrant, to review the call log of a cell phone found on a person who has been lawfully arrested.
Argument(s)
The First Circuit correctly held that the search-incident-to-arrest exception does not categorically authorize warrantless cell phone searches, but that the exigent circumstances exception can apply in particular cases. Smith v. Maryland does not support a rule allowing call logs to be searched incident to arrest. Maryland v. King and Florence v. Bd. Of Chosen Freeholders do not support warrantless cell phone searches incident to arrest.
Author(s)
Jeffrey T. Green, Jacqueline G. Cooper, and Jeremy M. Bylund, Sidley Austin LLP, Washington, DC.
