S3SS10N Wednesday – Cellphone Search and Seizure Laws

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S3SS10N Wednesday – Cellphone Search and Seizure Laws

Author: Tatianna | Published on February 10, 2016 | Views: 1936

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Max Session Notes
The Supreme Court Decisions of Riley v. California and U.S. v. Wurie (seizure of cell phones and search of cell phone data incident to arrest). These cases limit the ability of law enforcement to view cell phone data after a subject is arrested.
Therefore there are 4 key take-a-ways for law enforcement.
1. The ability to search an arrestee’s phone is limited
2. There is a need to preserve digital data on these phones (Faraday bags)
3. The ruling does not cover cloud storage on phones
4. Law enforcement must be familiar with local rules governing remotely obtained telephonic and e-warrants

The most applicable point to street level officers is the use of Faraday bags to
1. Ensure the phone does not connect to a data network
2. Prevent someone from wiping the phone remotely

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