X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Strike a blow for privacy.  In a rare unanimous decision in an important Fourth Amendment case, the Supreme Court ruled on Wednesday that police officers who arrest someone must get a warrant before searching their cellphone.

At some level, Riley v. California revives the importance of warrants: decisions by a neutral judge about who and what may be searched.  The Fourth Amendment generally requires warrants based on “probable cause” before the government may search a person or property.  But the warrant requirement has more holes than Swiss cheese.  Over the years, courts have created any number of exceptions: searches incident to arrest, searches under exigent circumstances, searches of items in plain view, searches of glove compartments in cars, among many others.  When police officers effect an arrest, they usually need no warrant to search the person for weapons or evidence of a crime: a gun, a razor blade, a bag of drugs.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.