The Supreme Court has today decided to rule on whether or not the warrantless search of cellphones is legal under the constitution. It’s eventual decision will outline how law enforcement can and cannot make use of seized phones as evidence, a digital rights issue that neither states nor circuits courts can agree upon.
Earlier this week, the US Supreme Court decided to hear the issue regarding law enforcement officials being allowed to perform a warrantless search of contents of mobile phones held by arrested suspects, and use of the attendant evidence gathered in prosecution of other crimes. The court is evaluating two separate cases, each with an opposing view on the matter with a common thread — in both cases, evidence found on the smartphone searched without a warrant was key to the prosecution of the individual arrested.