Consideration by the Supreme Court
On April 28, 2014, the United States Supreme Court heard arguments in two cases, Riley v. California and United States v. Wurie, involving the challenges to the search of an arrestee’s cellphone without a warrant. In both cases, the government argued whenever police make an arrest, police should be able to search cellphones for all of the same reasons that police can search an arrestee’s wallet without a warrant. The problem, however, a person does not carry the most intimate details of his life in a wallet. This was recognized by several of the Justices. That being said, it is unlikely the Court will hold that officers must get a warrant whenever they want to search an arrestee’s phone. Unlikely that the Court will establish a bright-line rule, we may be looking forward to another decision with a test of factors to consider.