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content of a seized mobile phone.
The US Supreme Court thus says
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these in conclusion (at pp 25 - 27):
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“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 (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 ___
(slip op., at 11–12); id., at ___ (ROBERTS, C. J., concurring in
part and dissenting in part) (slip op., at 8) (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’).
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
___ (slip op., at 6) (quoting Mincey v. Arizona, 437 U. S. 385,
394 (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
___. 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.
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