Boston University Law Review Online
Editor’s Foreword
Perspectives: Cell Phone Searches Incident to Arrest
94 B.U. L. Rev. Annex 1 (2014)
Cell Phones, Search Incident to Arrest, and the Supreme Court
Tracey Maclin
Perspectives: Cell Phone Searches Incident to Arrest
94 B.U. L. Rev. Annex 3 (2014)
The Supreme Court will soon decide whether police, pursuant to the “search incident to arrest” rule, may search a cell phone found on a person lawfully arrested. Under the search incident to arrest doctrine, police can search an arrestee for weapons and evidence that the arrestee might try to conceal or destroy without any particularized […]
Why Arizona v. Gant Is the Wrong Solution to the Warrantless Cell Phone Search Problem
Adam M. Gershowitz
Perspectives: Cell Phone Searches Incident to Arrest
94 B.U. L. Rev. Annex 9 (2014)
Some scholars have looked to Arizona v. Gant to limit police searches of cell phones incident to arrest. Under the Gant test, police would only be permitted to search a cell phone if it were reasonable to believe it might hold evidence of the crime of arrest. The allure of the Gant framework is that […]
Searching Cell Phones Incident to Arrest
George C. Thomas III
Perspectives: Cell Phone Searches Incident to Arrest
94 B.U. L. Rev. Annex 13 (2014)
In 1914, the Supreme Court stated that the right to search incident to arrest was “always recognized under English and American law.” These searches require neither a warrant nor any justification beyond the arrest itself. The issue presented in this Perspective is the extent to which police may read private documents found incident to arrest […]
Can Big Brother Search Cell Phones Incident to Arrest?
Jack Zanini
Perspectives: Cell Phone Searches Incident to Arrest
94 B.U. L. Rev. Annex 17 (2014)
The question of whether the police may search an arrestee’s cellphone, like all search issues, must be resolved in light of basic principles regarding privacy and the right of a person to be free from intrusion by the government. The Fourth Amendment to the United States Constitution generally requires a search warrant issued by a […]