Obama Admin. to Supreme Court: Allow Warrantless Smartphone Searches
August 22, 2013 7:12 PM
comment(s) - last by
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 He says that asking the court to consider a case with outdated information may be an attempt to lead them to an inaccurate conclusion.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
This article is over a month old, voting and posting comments is disabled
8/24/2013 7:33:07 AM
Bush... Obama... the real problem is that all of you have been tricked into taking sides in the government blame game, when progressing government erosion of our freedoms is the real problem.
They both suck. They both have the same agenda to grow government. They want you to believe one side is better, so you ultimately end up supporting government expansion. Until we the people wake up and stop taking all the free candy they keep offering us, they are only going to become more intrusive.
8/24/2013 8:47:02 AM
Obama Defense Tactic #2:
Claim both sides "suck" and appeal to others apathy so as to deflect any negative feelings from Obama to 'the system' or other targets.
8/24/2013 9:01:22 AM
BINGO! We have a winner!
"Well, there may be a reason why they call them 'Mac' trucks! Windows machines will not be trucks." -- Microsoft CEO Steve Ballmer
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
Western Digital Unveils Expensive Thunderbolt Duo External Storage Solutions
March 15, 2012, 9:49 AM
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
Retiree Sues Apple For $7,500 for Wiping Honeymoon Photos From His iPhone
November 30, 2015, 10:23 AM
iPhone 7 May Pack 3-4 GB Memory, More Storage; 4-Inch Comeback is Rumored
November 20, 2015, 10:12 PM
OnePlus One, OnePlus 2 Will Receive Android Marshmallow in Q1 2016
November 16, 2015, 9:58 AM
Lenovo Whoa: Motorola Droid MAXX 2 and Turbo 2 Break Cover in Leaks
October 26, 2015, 3:12 PM
Leak: Apple Preps for First Real Android App Foray With New Apple Music App
October 24, 2015, 1:59 PM
Pepsi Smartphone? Empty Calories Coming Soon to the Midrange
October 12, 2015, 11:41 PM
Latest Blog Posts
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
"Bear Selfies" Fad Could Turn Deadly, Warn Nevada Wildlife Officials
Oct 28, 2014, 12:00 PM
The Surface Mini That Was Never Released Gets "Hands On" Treatment
Sep 26, 2014, 8:22 AM
ISIS Imposes Ban on Teaching Evolution in Iraq
Sep 17, 2014, 5:22 PM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information