Smartphones and the 4th Amendment

[Commentary] More than 90 percent of American adults own a mobile phone, and more than half of the devices are smartphones. But “smartphone” is a misnomer. They are personal computers that happen to include a phone function, and like any computer they can store or wirelessly retrieve enormous amounts of personal information: emails, photos and videos; document files; financial and medical records; and virtually everywhere a person has been. The Supreme Court will consider whether law enforcement officers during an arrest may search the contents of a person’s mobile phone without a warrant. The court should recognize that new technologies do not alter basic Fourth Amendment principles, and should require a judicial warrant in such circumstances.

The Supreme Court has recognized the need to adapt to new technologies, as when it ruled that the government attaching a GPS tracking device to a private car was a Fourth Amendment search. For better or worse, mobile phones have become repositories of our daily lives, and will become only more powerful over time. As a rule, the police should have to get a warrant to search them.