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Cellphone subject to search under automobile expectation, despite its containing personal information

By John Wesley Hall, Jr.

Seizure and search of the contents of a cellphone, despite its high expectation of privacy, can be proper under the automobile exception. United States v. James, 2008 U.S. Dist. LEXIS 34864 (E.D. Mo. April 29, 2008): Judge Noce correctly that Meador had a reasonable expectation of privacy in the data contained in the cell phone. Meador had a possessory interest in the cell phone and it is reasonable for a person to expect the information contained in a cell phone -- especially information such as that contained in the address book, which is not available even to the service provider -- will be "free from intrusion from both the government and the general public." United States v. Finley, 477 F.3d 250, 259 (5th Cir. 2007). As one court has noted, "cell phones are capable of storing immense amounts of highly personal information...continue to full post

Full post as published by Fourth Amendment on May 01, 2008 (boomark / email).