Monday, March 18, 2013
From Orin Kerr at The Volokh Conspiracy, addressing an issue that has divided the Circuits. He excerpts an essay on the topic in part as follows:
It argues that the storage capacity and type of evidence stored on a cell phone justifies a departure from existing Fourth Amendment doctrine. Under United States v. Robinson, 414 U.S. 218 (1973), the Fourth Amendment always permits a full search of a person and property on his person at the time of arrest. This essay argues that the Supreme Court should reject that standard for searches of digital storage devices. Instead, the Court should adopt the standard introduced in Arizona v. Gant, 556 U.S. 332 (2009), for searching an automobile incident to arrest.