☰ In this section

The Champion

November 2013 , Page 30 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Challenging Cell Phone Searches Incident to Arrest

By Hanni M. Fakhoury

Editor’s Note: Following completion of this article, the U.S. Supreme Court received two petitions for certiorari involving the issue of cell phone searches. A petition was filed in People v. Riley, 2013 WL 475242 (Cal. Ct. App. 2013), a case in which the court found the search incident to arrest exception permitted the warrantless search of a smartphone. The United States also filed a petition for certiorari in United States v. Wurie, 728 F.3d 1 (1st Cir. 2013), in which the First Circuit ruled that the search incident to arrest exception did not permit the search of a simple flip phone without a search warrant. As The Champion went to press, the Supreme Court had not decided whether or not to grant certiorari in either case.

Cell phones are now a staple of American life. A 2011 Pew Research Center Report found 83 percent of all American adults have a cell phone1 and a 2012 report found that 45 percent of those cell phones are Internet-connected “smartphones.”2 As cell phon

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