Privacy, Data Protection and Retention
Google Spain SL v. Agencia Española de Protección de Datos
Closed Expands Expression
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The Supreme Court of the United States held that a warrantless search and seizure of the digital contents of a cell phone during an arrest violates the 4th Amendment to the United States Constitution. Police stopped a driver for driving with expired registration tags, and the arresting officer searched the contents of his smartphone. The court wrote that “cell phones differ in both a quantitative and qualitative sense from other objects that might be kept on an arrestee’s person” and therefore generally require a warrant to search.
Riley was stopped by police for a traffic violation and his car was impounded. Police performed a routine inventory search of Riley’s car, discovering firearms. The police arrested Riley for possession of concealed and loaded firearms. As a result of his arrest, Riley’s cell phone was seized from his pants pocket. Police examined Riley’s cell phone, looking for evidence of gang-related crimes. As a result of evidence found on Riley’s cell phone, he was charged with a shooting and an attempted murder. Prior to trial, Riley moved to suppress the evidence found in his cell phone on the grounds that the search violated his Fourth Amendment right against warrantless searches. The trial court denied his motion, and the California Court of Appeals affirmed.
In the second case consolidate for review, Wurie was observed selling drugs by police officers. When he was arrested, the police officers seized two cell phones that were in Wurie’s possession. The officers used Wurie’s phone to find an address to an apartment building. After obtaining a warrant, police searched the building, and the officers found various drugs, drug paraphernalia, weapons, and cash. Wurie was charged with possession of drugs, and firearms and ammunition. Prior to trial, Wurie moved to suppress the evidence, alleging that the search of the building was unconstitutional and therefore the evidence found from the search was inadmissible. The trial court denied Wurie’s motion. The appeals court reversed the trial court, holding that during searches incident to arrest, cell phones are not objects that fall under an exception to the warrant requirement because cell phones contain a significant amount of personal data.
Roberts, J., delivered the opinion of the Court. The United States Supreme Court was presented with a Fourth Amendment issue of whether police may, without a warrant, search digital information on a cell phone that was seized during the course of an arrest. The Court held that, generally, a warrant is required before searching a cell phone that has been seized during an arrest, and that the search incident to arrest exception to the warrant requirement does not apply to cell phones.
In reaching its conclusion, the Court analyzed the importance of cell phones and the data that they contain. The Court rejected the government’s argument about the exigency created by possible remote destruction of cell phone data by a third party. The Court determined that digital data stored on a cell phone does not immediately endanger anyone, and cannot be considered a weapon that can harm an officer or a means to assist in an arrestee’s escape.
Alito, J., concurred in part and concurred in the judgment.
Decision Direction indicates whether the decision expands or contracts expression based on an analysis of the case.
This case expands expression because it recognizes the importance that cell phones, and the information stored in them, play in daily modern society. The Court did not expressly discuss freedom of expression or information because the case hinged on the Fourth Amendment right against warrantless searches. However, the case is significant because it sets guidelines for future cases on the importance of digital information that is stored on cell phones.
Global Perspective demonstrates how the court’s decision was influenced by standards from one or many regions.
Case significance refers to how influential the case is and how its significance changes over time.
Lower state and federal courts in the United States will be required to recognize that cell phones seized during an arrest are not objects that fall within to the search incident to arrest exception to the warrant requirement.
Let us know if you notice errors or if the case analysis needs revision.