by Mike Masnick
Tue, Jan 22nd 2008 10:17am
Adam Gershowitz writes "I am a criminal law professor from Houston, Texas and I have recently finished an article about the ability of police officers to search the contents of a person's iPhone at a traffic stop. In brief, under what is referred to as the "search incident to arrest doctrine," police can search through any container found on the body of a person who has been arrested. It does not matter that the arrest was for running a stop sign, or speeding, or some other seemingly minor traffic infraction. Regardless of the reason for the arrest, police can search through every container on the person's body, even if the police have no suspicion that there is anything illegal in it. A few courts have concluded that this doctrine permits police to search text messages found on cell phones. My article explores the circumstances under which police can now search not only text messages, but also the email, pictures, movies, calendar entries, and internet browsing history found on iPhones and similar devices -- even if the police have no suspicion that there is anything illegal on the iPhone. In short, the article explores ways in which the police can search through the thousands of pages of data on individuals' wireless technology even if there is no probable cause or other suspicion of illegal activity."
If you liked this post, you may also be interested in...
- Senior Police Officer Suggests Companies Allowing People To Use Strong Crypto Are 'Friendly To Terrorists'
- Attorney Representing Whistleblowing Cops Claims Police Department Dropped Spyware On His Hard Drive
- New Jersey Cop Demands Camera From Eyewitness After Police Dog Allowed To Maul Prone Suspect
- Supreme Court Rules That A Traffic Stop Ends When The 'Objective' Is 'Complete,' Rather Than Whenever The Officer Feels It Is
- Guy Who Took Walter Scott Shooting Video Now Demanding To Be Paid; Everyone Gets Confused About Fair Use