03/02/2020
Riley v. California, 134 S. Ct. 2473 - Supreme Court 2014 - Google Scholar
a "search" at all under the Fourth Amendment. See id., at 745-746, 99 S.Ct. 2577. There is no dispute here that the
2493 officers engaged in a search of Wurie's cell *2493 phone. Moreover, call logs typically contain more than just phone
numbers; they include any identifying information that an individual might add, such as the label "my house" in Wurie's
case.
Finally, at oral argument California suggested a different limiting principle, under which officers could search cell phone
data if they could have obtained the same information from a pre-digital counterpart. See Tr. of Oral Arg. in No. 13-132,
at 38-43; see also Flores-Lopez, 670 F.3d, at 807 ("If police are entitled to open a pocket diary to copy the owner's
address, they should be entitled to turn on a cell phone to learn its number."). But the fact that a search in the pre-digital
era could have turned up a photograph or two in a wallet does not justify a search of thousands of photos in a digital
gallery. The fact that someone could have tucked a paper bank statement in a pocket does not justify a search of every
bank statement from the last five years. And to make matters worse, such an analogue test would allow law
enforcement to search a range of items contained on a phone, even though people would be unlikely to carry such a
variety of information in physical form. In Riley's case, for example, it is implausible that he would have strolled around
with video tapes, photo albums, and an address book all crammed into his pockets. But because each of those items
has a pre-digital analogue, police under California's proposal would be able to search a phone for all of those items — a
significant diminution of privacy.
In addition, an analogue test would launch courts on a difficult line-drawing expedition to determine which digital files are
comparable to physical records. Is an e-mail equivalent to a letter? Is a voicemail equivalent to a phone message slip? It
is not clear how officers could make these kinds of decisions before conducting a search, or how courts would apply the
proposed rule after the fact. An analogue test would "keep defendants and judges guessing for years to come." Sykes v.
United States, 564 U.S. 1, ___, 131 S.Ct. 2267, 2287, 180 L.Ed.2d 60 (2011) (SCALIA, J., dissenting) (discussing the
Court's analogue test under the Armed Career Criminal Act).
IV
We cannot deny that our decision today will have an impact on the ability of law enforcement to combat crime. Cell
phones have become important tools in facilitating coordination and communication among members of criminal
enterprises, and can provide valuable incriminating information about dangerous criminals. Privacy comes at a cost.
Our holding, of course, is not that the information on a cell phone is immune from search; it is instead that a warrant is
generally required before such a search, even when a cell phone is seized incident to arrest. Our cases have historically
recognized that the warrant requirement is "an important working part of our machinery of government," not merely "an
inconvenience to be somehow `weighed' against the claims of police efficiency." Coolidge v. New Hampshire, 403 U.S.
443, 481, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). Recent technological advances similar to those discussed here have,
in addition, made the process of obtaining a warrant itself more efficient. See McNeely, 569 U.S., at ___, 133 S.Ct., at
1561-1563; id., at ___, 133 S.Ct., at 1573 (ROBERTS, C.J., concurring in part and dissenting in part) (describing
jurisdiction where "police officers can e-mail warrant requests to judges' iPads [and] judges have signed such warrants
and e-mailed them back to officers in less than 15 minutes").
2494 *2494 Moreover, even though the search incident to arrest exception does not apply to cell phones, other case-specific
exceptions may still justify a warrantless search of a particular phone. "One well-recognized exception applies when
`"the exigencies of the situation" make the needs of law enforcement so compelling that [a] warrantless search is
objectively reasonable under the Fourth Amendment.'" Kentucky v. King, 563 U.S., at ___, 131 S.Ct., at 1856 (quoting
Mincey v. Arizona, 437 U.S. 385, 394, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978)). Such exigencies could include the need
to prevent the imminent destruction of evidence in individual cases, to pursue a fleeing suspect, and to assist persons
who are seriously injured or are threatened with imminent injury. 563 U.S., at ___, 131 S.Ct. 1849. In Chadwick, for
example, the Court held that the exception for searches incident to arrest did not justify a search of the trunk at issue,
but noted that "if officers have reason to believe that luggage contains some immediately dangerous instrumentality,
such as explosives, it would be foolhardy to transport it to the station house without opening the luggage." 433 U.S., at
15, n. 9, 97 S.Ct. 2476.
In light of the availability of the exigent circumstances exception, there is no reason to believe that law enforcement
officers will not be able to address some of the more extreme hypotheticals that have been suggested: a suspect texting
an accomplice who, it is feared, is preparing to detonate a bomb, or a child abductor who may have information about
the child's location on his cell phone. The defendants here recognize — indeed, they stress — that such fact-specific
threats may justify a warrantless search of cell phone data. See Reply Brief in No. 13-132, at 8-9; Brief for Respondent
in No. 13-212, at 30, 41. The critical point is that, unlike the search incident to arrest exception, the exigent
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