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+ - The iPhone Meets the Fourth Amendment-> 3

Submitted by background image
background image (1001510) writes "According to Alan M Gershowitz, the doctrine of "search incident to arrest" may allow devices such as mobile phones, pdas and laptops to be thoroughly searched without either probable cause or warrants, and incriminating evidence found in such searches may be used against you whether or not it is germane to the reason for the original arrest.

Imagine that police arrest an individual for a simple traffic infraction, such as running a stop sign. Under the search incident to arrest doctrine, officers are entitled to search the body of the person they are arresting to ensure that he does not have any weapons or will not destroy any evidence. The search incident to an arrest is automatic and allows officers to open containers on the person, even if there is no probable cause to believe there is anything illegal inside of those containers. What happens, however, when the arrestee is carrying an iPhone in his pocket? May the police search the iPhone's call history, cell phone contacts, emails, pictures, movies, calendar entries and, perhaps most significantly, the browsing history from recent internet use? Under longstanding Supreme Court precedent decided well before handheld technology was even contemplated, the answer appears to be yes.
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The iPhone Meets the Fourth Amendment

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  • Correct URL should end with abstract_id=1084503 [ssrn.com].
    • by HTH NE1 (675604)
      Oh, and that pages directs you to download a PDF, and you'll need to free-register in order to download.
  • I am not a lawyer and am not familiar with established case law on this issue, but have the courts said anything on a hypothetical incident like this:

    1. Highway patrol pulls you over for speeding.
    2. Officer asks you to get out of the car and he frisks you and discovers a traditional paper-based day planner.
    3. Officer reads day planner to see if you had any suspicious appointments (with known drug dealers or something).
    4. Officer reads day planner to see your list of contacts (again looking for known dru

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