03/02/2020
Riley v. California, 134 S. Ct. 2473 - Supreme Court 2014 - Google Scholar
The Court of Appeals concluded that the search was unreasonable because Robinson was unlikely to have evidence of
the crime of arrest on his person, and because it believed that extracting the cigarette package and opening it could not
be justified as part of a protective search for weapons. This Court reversed, rejecting the notion that "case-by-case
adjudication" was required to determine "whether or not there was present one of the reasons supporting the authority
for a search of the person incident to a lawful arrest." Id., at 235, 89 S.Ct. 2034. As the Court explained, "[t]he authority
to search the person incident to a lawful custodial arrest, while based upon the need to disarm and to discover
evidence, does not depend on what a court may later decide was the probability in a particular arrest situation that
weapons or evidence would in fact be found upon the person of the suspect." Ibid. Instead, a "custodial arrest of a
suspect based on probable cause is a reasonable intrusion under the Fourth Amendment; that intrusion being lawful, a
search incident to the arrest requires no additional justification." Ibid.
The Court thus concluded that the search of Robinson was reasonable even though there was no concern about the
loss of evidence, and the arresting officer had no specific concern that Robinson might be armed. Id., at 236, 89 S.Ct.
2484 2034. *2484 In doing so, the Court did not draw a line between a search of Robinson's person and a further examination
of the cigarette pack found during that search. It merely noted that, "[h]aving in the course of a lawful search come upon
the crumpled package of cigarettes, [the officer] was entitled to inspect it." Ibid. A few years later, the Court clarified that
this exception was limited to "personal property ... immediately associated with the person of the arrestee." United
States v. Chadwick, 433 U.S. 1, 15, 97 S.Ct. 2476, 53 L.Ed.2d 538 (1977) (200-pound, locked footlocker could not be
searched incident to arrest), abrogated on other grounds by California v. Acevedo, 500 U.S. 565, 111 S.Ct. 1982, 114
L.Ed.2d 619 (1991).
The search incident to arrest trilogy concludes with Gant, which analyzed searches of an arrestee's vehicle. Gant, like
Robinson, recognized that the Chimel concerns for officer safety and evidence preservation underlie the search incident
to arrest exception. See 556 U.S., at 338, 129 S.Ct. 1710. As a result, the Court concluded that Chimel could authorize
police to search a vehicle "only when the arrestee is unsecured and within reaching distance of the passenger
compartment at the time of the search." 556 U.S., at 343, 129 S.Ct. 1710. Gant added, however, an independent
exception for a warrantless search of a vehicle's passenger compartment "when it is `reasonable to believe evidence
relevant to the crime of arrest might be found in the vehicle.'" Ibid. (quoting Thornton v. United States, 541 U.S. 615,
632, 124 S.Ct. 2127, 158 L.Ed.2d 905 (2004) (SCALIA, J., concurring in judgment)). That exception stems not from
Chimel, the Court explained, but from "circumstances unique to the vehicle context." 556 U.S., at 343, 129 S.Ct. 1710.
III
These cases require us to decide how the search incident to arrest doctrine applies to modern cell phones, which are
now such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an
important feature of human anatomy. A smart phone of the sort taken from Riley was unheard of ten years ago; a
significant majority of American adults now own such phones. See A. Smith, Pew Research Center, Smartphone
Ownership — 2013 Update (June 5, 2013). Even less sophisticated phones like Wurie's, which have already faded in
popularity since Wurie was arrested in 2007, have been around for less than 15 years. Both phones are based on
technology nearly inconceivable just a few decades ago, when Chimel and Robinson were decided.
Absent more precise guidance from the founding era, we generally determine whether to exempt a given type of search
from the warrant requirement "by assessing, on the one hand, the degree to which it intrudes upon an individual's
privacy and, on the other, the degree to which it is needed for the promotion of legitimate governmental interests."
Wyoming v. Houghton, 526 U.S. 295, 300, 119 S.Ct. 1297, 143 L.Ed.2d 408 (1999). Such a balancing of interests
supported the search incident to arrest exception in Robinson, and a mechanical application of Robinson might well
support the warrantless searches at issue here.
But while Robinson's categorical rule strikes the appropriate balance in the context of physical objects, neither of its
rationales has much force with respect to digital content on cell phones. On the government interest side, Robinson
concluded that the two risks identified in Chimel — harm to officers and destruction of evidence — are present in all
2485 custodial *2485 arrests. There are no comparable risks when the search is of digital data. In addition, Robinson
regarded any privacy interests retained by an individual after arrest as significantly diminished by the fact of the arrest
itself. Cell phones, however, place vast quantities of personal information literally in the hands of individuals. A search of
the information on a cell phone bears little resemblance to the type of brief physical search considered in Robinson.
We therefore decline to extend Robinson to searches of data on cell phones, and hold instead that officers must
generally secure a warrant before conducting such a search.
https://scholar.google.com/scholar_case?case=9647156672357738355&q=riley+v.+california&hl=en&as_sdt=2006
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