The digital age has created a world in which over-sharing is the norm and electronic devices are capable of storing significant amounts of one’s personal information.
However, in an important step to protect the privacy of U.S. citizens, the Supreme Court has declared information on cell phones and smart phones off-limits for warrantless searches. The major exception is in cases of exigency, where immediate need to save lives justifies warrantless entry.
While law enforcement officials will no longer be able to search through the contents of a person’s cell phone upon taking that person into custody, they are permitted to do so if they obtain a warrant. With the development of new technology and devices with seemingly unlimited capabilities, the boundaries of this new ruling are sure to be tested and expanded in years to come. If you or your company has any questions or concerns regarding e-discovery related issues, please call us at (716) 636-7600.