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SCOTUS to hear arguments on cell phone searches incident to arrest on April 28 2014

Tuesday, April 29, 2014

April 28, 2014: The U.S. Supreme Court will hear arguments today on whether police should have to get a warrant when searching cell phones incident to arrest according to the Atlanta Journal Constitution. Technology experts fear that with technology available on the market like Cellebrite which can blow pass passwords, security encrpytion, password extraction and even access deleted data not available to the phone user.  Imagine when a DUI arrest could lead to law enforcement gathering all your passwords and searching your bank accounts, social media, email and contacts.  The mind boggles at the implications of law enforcement technological fishing expeditions, reputation assassinations, and plea bargin extortion. Remember the dirty DUI scandal in San Francisco last year.  Imagine the implications of warrantless cell phone search in that context.  Remember Power corrupts, and absolute power corrupts absolutely.

The Georgia Supreme Court addressed this issue in Hawkins v. State, 290 Ga. 785, 786 (723 SE2d 924) (2012), and held that a cell phone "search must be limited as much as is reasonably practicable by the object of the search. [Cit.]".  The Georgia Supreme Court will not approve a warrentless "fishing expedition" of a cell phone or tolerate law enforcement sifting through all of the data stored in the cell phone. The Hawkins Court concluded that when "the object of the search is to discover certain text messages, for instance, there is no need for the officer to sift through photos or audio files or Internet browsing history data stored [in] the phone."  The cases are David L. Riley v. California, No. 13-132, Supreme Court of the United States, January 17, 2014 and United States v. Brima Wurie, No. 13-212, Supreme Court of the United States, January 17, 2014.

-Author: George Creal



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    George C. Creal, Jr. is a trial lawyer with 18 years of courtroom experience. He is one of only 6 Metro DUI lawyers with both an AV Preeminent rating from Martindale.com and a 10.0/10.0 Superb rating on Avvo.com.  With over 100 not guilty jury verdicts under his belt, George knows how to convince a jury that the State has not proven his client guilty of DUI beyond a reasonable doubt.
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