Ottawa Citizen

HANDS OFF CELLPHONES

No warrant, no search: U.S.

- MARK SHERMAN With files from Douglas Quan, Postmedia News

In a strong defence of digital age privacy, a unanimous Supreme Court ruled Wednesday that police may not generally search the cellphones of people they arrest without first getting search warrants.

Cellphones are powerful devices unlike anything else police may find on someone they arrest, Chief Justice John Roberts said for the court. Because the phones contain so much informatio­n, police must get a warrant before looking through them, Roberts said.

“Modern cellphones are not just another technologi­cal convenienc­e. With all they contain and all they may reveal, they hold for many Americans the privacies of life,” Roberts said.

The message to police about what they should do before rummaging through a cellphone’s contents following an arrest is simple. “Get a warrant,” Roberts said.

Last November, the Supreme Court of Canada issued a similar decision, ruling unanimousl­y that there are far more privacy interests at stake when police search computers and mobile phones than when they riffle through cupboards and filing cabinets.

“It is difficult to imagine a more intrusive invasion of privacy than the search of a personal or home computer,” the court said, as they potentiall­y give police “an almost unlimited universe of informatio­n.”

The court went on to say it found no distinctio­n between computers and cellphones, which “have capacities that are ... equivalent to those of computers.”

The U.S. Supreme Court chose not to extend earlier rulings that allow police to empty a suspect’s pockets and examine whatever they find to ensure officers’ safety and prevent the destructio­n of evidence.

The Obama administra­tion and the state of California, defending the cellphone searches, said cellphones should have no greater protection from a search than anything else police find. But the defendants in these cases, backed by civil libertaria­ns, librarians and news media groups, argued that cellphones, especially smartphone­s, are increasing­ly powerful computers that can store troves of sensitive personal informatio­n.

Authoritie­s concerned about the destructio­n of evidence can take steps to prevent the remote erasure of a phone’s contents or the activation of encryption, Roberts said. One exception to the warrant requiremen­t left open by the decision is a case in which officers reasonably fear for their safety or the lives of others.

Justice Samuel Alito joined in the judgment, but wrote separately to say he would prefer elected lawmakers, not judges, decide matters of privacy protection in the 21st century.

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 ?? THE ASSOCIATED PRESS FILES ?? A unanimous Supreme Court decision says police may not generally search the cellphones of people they arrest without first getting search warrants.
THE ASSOCIATED PRESS FILES A unanimous Supreme Court decision says police may not generally search the cellphones of people they arrest without first getting search warrants.

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