A lot of breaking news today, so short posts while I prepare two big ones. The Court will be issuing its biggest decisions over the next week. Today they ruled against Aero (and much as I like the idea of Aero, I kind of see their point). But the most important decision they handed down was in Riley v. California. The Court decided — unanimously — that cops need a warrant to search your cell phone. The decision is here and it’s beautiful. They systematically destroy the government’s argument that cell phones must be searched immediately for police safety. They point out that taking a phone off the network can easily protect it from being “wiped”. And they close with this:
Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans “the privacies of life,” Boyd, supra, at 630. The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought. Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple — get a warrant.
They only way it could have been better if they’d said “get a fucking warrant”, words that should be inscribed on the doors of every police station, NSA office, CIA dungeon and FBI building in the country.