The digital age has brought with it increased access to information, and along with that, concerns about privacy have a risen. We wrote in this blog earlier about controversies over cell phone stingray trackers in Florida. Privacy, however, scored a major factory this week. In a landmark decision, the U.S. Supreme Court ruled on Wednesday that police must have a warrant in order to search the cell phones of arrested suspects.
The immediate impact of the ruling is clear. Around twelve million Americans are arrested each year, and the Supreme Court’s authoritative 9-0 decision offers protection to all of them. The ruling will likely extend its reach far beyond cell phones, however. It will likely force police to acquire warrants before searching tablets and laptop computers, as well, and may even limit police in searches of homes and businesses.
George Washington University law professor Orin S. Kerr noted the impact of the ruling. “This is a bold opinion,” Kerr said. “It is the first computer-search case, and it says we are in a new digital age. You can’t apply the old rules anymore.”
Supreme Court Chief Justice John G. Roberts wrote the Court’s majority opinion, and was aware of the key role cell phones play in modern life. Roberts noted they are “such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy.”
Floridians may wonder how this law affects their rights. Some would argue that Florida courts had been ahead of the curve on this issue. “The Florida Supreme Court was out in front on this issue,” said Cooley Law School professor Brendan Beery. “So this is going to be much bigger in states other than Florida.”
However, one troubling aspect of Florida law enforcement remains muddy after the ruling. The use of stingray cell phone trackers may not be impacted by the Supreme Court’s ruling, and, given the battle the ACLU is waging with Florida law enforcement on the issue, the nation’s higher courts may soon be weighing in on stingray trackers as well. For now, it’s up in the air, but expect future developments on this front.
For now, privacy has won out, and suspects and defendants have scored a victory. But one ruling can’t do all the work in a criminal defense case. Gilbert and Smallman’s Miami and Fort Lauderdale criminal defense attorneys can, however! Contact us today.
