In Riley v. California (2014), the U.S. Supreme Court held that law enforcement officials had violated the Fourth Amendment when they searched an arrestee’s cellphone without a warrant. “Modern cell phones are not just another technological convenience,” Chief Justice John Roberts wrote for the majority. “With all they contain and all they may reveal, they hold for many Americans ‘the privacies of life.’ The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought.”
The requirement to get a warrant may not apply, however, when an American citizen is returning home from abroad and U.S. border officials want to search the contents of that person’s phone—at least according to a decision issued in March by the U.S. Court of Appeals for the 11th Circuit, writes Damon Root.
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