Saturday, February 21, 2015

Cell Phones and The Constitution

I feel that it is necessary to obtain a warrant in order to be able to search someones phone, tablet, laptop, or any other electronic device. Just because it has access to the whole world does not mean the whole world should have access to it, just the owner. I feel it is a serious infringement upon the 4th Amendment right if any electronic is searched without a warrant. In the article, it is stated that this was ruled upon with a 9-0 decision (17). This means that every Supreme Court Justice agrees. This is very rare too because in this day and age "5-4 rulings... have become almost standard" (16). The 5-4 separation comes from the conservative liberal split (16). So for this case to be a unanimous decision is a very big deal. This has a big impact on future cases going forward as well. In many cases around the country electronics are used as evidence against the accused, but now law enforcement will be required to obtain a search warrant before they can search the device. 98% of Americans aged 18-29 have cellphones and of those, 83% have smartphones (16). This just shows how big electronics can be in any case in the country. If that many people have them at that age it is safe to assume that more than 75% of the population of the United States owns an electronic device that is connected to the outside world. This case has a big impact on future cases going forward and i completely agree with the ruling.

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