Is the content on your cell phone protected by the 4th Amendment?

The Florida Supreme Court recently visited the topic of whether or not the content on your cell phone is protected by the 4th Amendment and answered the question in the affirmative in Smallwood v. State of Florida. (SC11-1130, May 2, 2013).

The issue in the case was: "DOES THE HOLDING IN UNITED STATES V. ROBINSON, 414 U.S. 218, 94 S. Ct. 467, 38 L. Ed. 2d 427 (1973), ALLOW A POLICE OFFICER TO SEARCH THROUGH PHOTOGRAPHS CONTAINED WITHIN A CELL PHONE WHICH IS ON AN ARRESTEE’S PERSON AT THE TIME OF A VALID ARREST, NOTWITHSTANDING THAT THERE IS NO REASONABLE BELIEF THAT THE CELL PHONE CONTAINS EVIDENCE OF ANY CRIME?"

 

The answer: 'NO.'  

 

The Court began with the premise that "searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment subject only to a few specifically established and well delineated exceptions."  The court further stated "we have carefully reviewed and considered the decisional law that addresses this unresolved Fourth Amendment issue, and we conclude that the line of cases requiring law enforcement to obtain a search warrant before accessing the data, information, and content of an electronic device cell phone that is removed from a defendant at the time of arrest is, quite simply, more persuasive."

 

If you have been arrested, you have rights against unreasonable search and seizure.  If you think that your rights have been violated, contact a Criminal Defense Attorney.