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Appeals Judges: Supreme Court Should Decide Cell Search Case

PRIVACY LAW—U.S.

July 30, 2013

Following the First U.S. Circuit Court of Appeals’ decision Monday not to rehear a case involving whether warrants are needed to search cell phones, “two First Circuit judges said they voted against rehearing the case in order to speed its path to the U.S. Supreme Court,” The Wall Street Journal reports. In May, the Appeals Court decided 2-1 that Boston police needed a warrant to search a suspect’s cell phone, and earlier this month, Justice Department lawyers asked the court to rehear the case. “Ultimately this issue requires an authoritative answer from the Supreme Court, and our intermediate review would do little to mend the growing split among lower courts,” wrote Judge Jeffrey R. Howard, and Chief Judge Sandra Lynch wrote, “The preferable course is to speed this case to the Supreme Court for its consideration.” (Registration may be required to access this story.)
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