Cell Phone Search, Rights Debated in Florida
PRIVACY LAW—U.S.July 16, 2012
Two Florida court cases have ruled that police act within the law when they search arrestees’ cell phones without a warrant, but some civil rights groups say they should have to demonstrate probable cause to a judge in order to conduct such searches, reports Naples News. One police spokeswoman says this is “search, incident to arrest,” not a Fourth Amendment issue, adding that with the ability to erase data remotely, in the time it takes officers to obtain a warrant arrestees could delete relevant data. In one case, a Florida appeals court expressed concern over giving law enforcement “unbridled discretion” in cell phone searches. The case is headed to the Florida Supreme Court for review.