California Police Chief- Fall 2013 | Page 7

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.” The Court discusses, in detail, the capabilities of modern cell phones regarding storage of private information and the invasion of privacy which access to the phone creates. “Indeed, a cell phone search would typically expose to the government far more than the most exhaustive search of a house: A phone not only contains in digital form many sensitive records previously found in the home; it also contains a broad array of private information never found in a home in any form....” The Court concludes that “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.” The Court also recognizes that exigent circumstances might exist which will allow a warrantless search of the phone such as the “need to prevent the imm