Discarded Phone Rulings Misapply 4th Amendment Case Law

Law360 (September 15, 2020, 5:43 PM EDT) -- The panicked feeling is familiar to anyone who cannot find their cellphone. Where is it? Did I lose it? What about my emails, photos and contacts?

Then the panic worsens. What if someone finds it? What could they learn about me? My family? My private life?

This panic is understandable. Massive storage capacities and advances in cloud computing have given modern cellphones the ability to store and access years — if not decades — of bank records, medical records, text messages, emails, location data and other private information. We use cellphones as cameras, personal assistants, navigation devices, web browsers and everything...

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