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Justices Wary Of Broad Authority For Cellphone Searches

Publication Date: 
April 30, 2014
The National Law Journal
Tony Mauro

The National Law Journal quotes Professor Jeffrey Fisher's arguments before the Supreme Court regarding the scope of cell phone searches during arrests.

The U.S. Supreme Court on Tuesday appeared reluctant to give police sweeping authority to search the full contents of smartphones without first obtaining a search warrant from a judge.

During arguments in two cases raising a modern-day privacy issue, justices seemed unnerved by the potential scope of such searches, even as they struggled to decide how they could be limited without hampering valid police investigations.


"That protection should not evaporate more than 200 years later because we have the technological development of smartphones that have resulted in people carrying that information in their pockets," said Stanford Law School professor Jeffrey Fisher, the main lawyer challenging phone searches without warrants.