Bringing an End to Warrantless Cell Phone Searches

Authors

• Bryan A. Stillwagon, University of Georgia School of Law

Publication Date

2008

Abstract

Cell phones keep society connected, and exploring their contents reveals a glimpse into the user's life. As technology develops and these phones advance, this glimpse becomes a more complete picture of the user's life. The Fourth Amendment speaks of a right to be secure against unreasonable searches and seizures, but this right is threatened when judges permit the few exceptions to the warrant requirement to envelop the general rule. This Note begins with a brief review of the history of both cellphones and warrantless searches, followed by the recent history of warrantless cell phone searches. While focusing on the search- incident-to-arrest exception, this Note demonstrates how the Supreme Court,in obscuring the original justifications behind the exception, has set bad precedent for lower courts, causing many to permit the government's unwarranted exploration into an arrestee's cell phone. The unique aspects of cell phones are then explained in an attempt to distinguish them from the Court's prior cases. Finally,a proposal is set forth describing how and why these devices should be treated differently.

Recommended Citation

Stillwagon, Bryan A. (2008) "Bringing an End to Warrantless Cell Phone Searches," Georgia Law Review: Vol. 42: No. 4, Article 7.
Available at: https://digitalcommons.law.uga.edu/glr/vol42/iss4/7