Let’s see what the California Supreme Court has wrought.  For its “Happy New Year” present, it ruled that the police have the right to search your cell phone without a warrant and use that information as evidence.  Yes, documents, contacts, eMails, text messages, and the like.  And, if you are a lawyer or a doctor, you can forget client confidentiality.  Next stop- laptops? tablets?  (Don’t forget that our Federal government has already arrogated to itself the right to examine your laptop or tablet completely- when it passes through Customs.)

The ruling (this was an appeal of the original trial conviction) employed the logic that that the phone was on the suspect’s person at the time of his arrest.  As such, the police were entitled to inspect its contents without a warrant.  Moreover, the court went out of its way to state that this practice was not an exception, but should be the rule.

The Court likened this search to the inspection of packs of cigarettes and searches of clothing found on one’s person.  Even though it contradicts what is long, established law prohibiting the searching of briefcases without a warrant.  (Obviously, the California court system needs a long education about technology.  It may be a little late, but they need it- badly.  Maybe not Justice Kathry Werdegar, who dissented from the pack claiming Fourth Amendment reasoning.)

This case is headed to the US Supreme Court.  Stay tuned- but, in the meantime,  don’t carry your phone, laptop, or tablet on your person in California, until this is resolved!  (It is not clear if the police have the right to force you to provide them with your password to open these locked devices.  You DO use a password, don’t you????)

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