Cellphone Search Confusion Begs For High Court Review

By Allison Grande (May 2, 2013, 8:20 PM EDT) -- The Florida Supreme Court ruled Wednesday that police cannot search a person's cellphone without a warrant, deepening a split among appellate courts and highlighting the need for the U.S. Supreme Court to resolve the Fourth Amendment quandaries presented by modern technology, attorneys say.

In a 5-2 decision, the high court ruled that while police who arrested a suspected convenience store robber did not need a warrant to search him and take his cellphone, authorities did violate his Fourth Amendment rights when they accessed the phone's contents without a warrant.

"In our view, allowing law enforcement to search an arrestee's cellphone without...

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