Obama Admin. to Supreme Court: Allow Warrantless Smartphone Searches
August 22, 2013 7:12 PM
Administration is upset about Circuit Court ruling that prohibits warrantless smartphone searches
President Barack Obama's (D) Assistant Attorney General (AG), Mythili Raman, and the
U.S. Department of Justice
(DoJ) have filed
to the Supreme Court of the United States (SCOTUS) to consider overriding a July decision by the
U.S. Court of Appeals for the First Circuit
warrantless cell phone searches
were a violation of the Fourth Amendment. The 1st Circuit Court sets precedent for Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island.
The Obama administration has
oft made the argument
that the Fourth Amendment -- which protects a citizen's "houses, papers, and effects, against unreasonable searches and seizures" --
is "inconvenient" for law enforcement
and should be pruned back to a much more limited form. In its argument in favor of
warrantless smartphone searches
, the President's staff argues that notebooks, calendars, and pagers have all been found in past SCOTUS or Circuit Court rulings to be searchable without warrant (not eligible for Fourth Amendment protections).
on academic law blog "The Volokh Conspiracy",
George Washington University
law school professor
, a prominent social libertarian points out a major flaw in the Obama administration's argument.
The Obama administration is pushing for warrantless smartphone searches.
[Image Source: Cole Hayes]
He points out that the administration appears to have cherry-picked a case involving an older device (the case in question involved an classic "dumb" cell phone seized in a 2007 crack cocaine bust of a Mass. man). He says that asking the court to consider a case with outdated information may be an attempt to lead them to an inaccurate conclusion. He writes:
Given that the argument for treating cell phones differently from physical items hinges on the storage capacity and services available through smartphones, I think it would be very helpful for the Court to take a case involving a smartphone instead of a more primitive model. In recent years,
smartphones quickly have become ubiquitous
: About 35% of Americans owned one by May 2011, 46% owned one by February 2012, and 56% owned one by May 2013. (In case you’re wondering, 91% of Americans have cellphones, so about 61% of cell phones owned as of May 2013 are smart phones.) Reviewing a case with an earlier model phone would lead to a decision with facts that are atypical now and are getting more outdated every passing month.
He argues that it would be better for the SCOTUS to examine a separate case that law professor
the SCOTUS to consider --
Riley v. California
. That case involved a 2009 search of a customer's Samsung Electronics Comp., Ltd (
, an early smartphone. The case involved officers searching through a suspected gang member's smartphone for videos, pictures, and address book -- all without getting a warrant for the search, a key step of Fourth Amendment due process that prevents abuse.
The California Court of Appeal, Fourth District
declined to hear the
case, leaving SCOTUS as a potential route for a further appeal.
DOJ via The Washington Post [PDF]
The Volokh Conspiracy
"You can bet that Sony built a long-term business plan about being successful in Japan and that business plan is crumbling." -- Peter Moore, 24 hours before his Microsoft resignation
Federal Appeals Court Rules Gov't Can Track Your Location Without Warrant
July 31, 2013, 2:47 PM
Obama's DOJ Tries to Sneak Around Supreme Court GPS Tracking Ruling, ACLU Upset
January 17, 2013, 2:08 PM
FBI Orders Google to Give it Access to Users' Locked Android Phones
March 15, 2012, 3:30 PM
UPDATED: U.S. Police Begin Warrantless Phone Data Grabs, ACLU Fights Back
April 21, 2011, 2:20 PM
Report: Opera Mini Has 35.6 Million Customers, Saves Them $8B USD Annually
October 28, 2009, 1:50 PM
What is Flagship Sony’s XperiaX Smartphone?
October 25, 2016, 5:00 AM
The Galaxy C9 Pro Samsung Smartphone Has 6GB RAM
October 24, 2016, 4:29 AM
The Unlocked Moto Z Play Launches for $449.99 Today.
October 22, 2016, 5:00 AM
Nintendo Announced Next Game Machine to be Portable “handheld”.
October 21, 2016, 5:00 AM
Do you hate to do yard work?
October 20, 2016, 5:00 AM
Smart Technology Mood Collar To Understand Your Dog’s Emotions
October 17, 2016, 5:00 AM
Most Popular Articles
Car Insurance - The Hidden Discriminatory Practise
October 18, 2016, 5:00 AM
Cyber Hackers Threaten Security of Lifesaving Medical Devices
October 19, 2016, 8:09 AM
8 Days to Apple's October Event
October 19, 2016, 8:22 AM
Is Razer Blade Stealth Laptop For You?
October 16, 2016, 5:00 AM
Tesla Announces Level 5 Autonomous Driving
October 19, 2016, 8:30 PM
Latest Blog Posts
Medical Council of India Makes Generic Medicines Mandatory
Oct 25, 2016, 5:00 AM
MacBoo Pro 2016: Release date Oct. 27
Oct 24, 2016, 7:16 AM
Mac Users, Try this if Your Mac is Infected?
Oct 23, 2016, 7:00 AM
Tips to Prevent Smartphones From Overheating:
Oct 22, 2016, 5:00 AM
Nasa Flies Drones at Nevada Airport
Oct 21, 2016, 8:21 AM
T-Mobile Data Problems
Oct 20, 2016, 10:17 AM
Annoying Apple Watch Problems and How to Fix Them
Oct 20, 2016, 5:00 AM
Your Mail May Soon Be Delivered By Robot
Oct 19, 2016, 9:34 AM
2018 Jeep Wrangler Prototype Sells At Junkyard
Oct 18, 2016, 5:00 AM
Samsung Shines with Gold Edition Tablet
Oct 17, 2016, 9:24 AM
Tesla Hints Mysterious Product Debut for October 17th
Oct 16, 2016, 10:14 AM
Samsung Galaxy Note 7 Phones on US flights
Oct 15, 2016, 5:00 AM
Comcast Fined $2.3 Million For Unconfirmed Services Charged To Customers
Oct 14, 2016, 5:00 AM
“American singer / songwriter “Bob Dylan is awarded 2016 Nobel Prize in Literature.
Oct 13, 2016, 10:33 AM
Battery Defect in Medical Device
Oct 12, 2016, 5:00 AM
IBM Bolsters Social Services Sector With Technology Grants
Oct 11, 2016, 5:00 AM
Scientists Sound Alarm on Climate but US Still Toys With Skepticism
Oct 10, 2016, 5:00 AM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information