text:
Opinion

NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.

SUPREME COURT OF THE UNITED STATES

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Nos. 13–132 and 13–212

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DAVID LEON RILEY, PETITIONER

13–132 v.

CALIFORNIA

on writ of certiorari to the court of appeal of cali-fornia, fourth appellate district, division one

UNITED STATES, PETITIONER

13–212 v.

BRIMA WURIE

on writ of certiorari to the united states court of appeals for the first circuit

[June 25, 2014]
Chief Justice Roberts delivered the opinion of the Court.

These two cases raise a common question: whether the police may, without a warrant, search digital information on a cell phone seized from an individual who has been arrested.

I

A

In the first case, petitioner David Riley was stopped by a police officer for driving with expired registration tags. In the course of the stop, the officer also learned that Riley’s license had been suspended. The officer impounded Riley’s car, pursuant to department policy, and another officer conducted an inventory search of the car. Riley was arrested for possession of concealed and loaded firearms when that search turned up two handguns under the car’s hood. See Cal. Penal Code Ann. §§12025(a)(1), 12031(a)(1) (West 2009).

An officer searched Riley incident to the arrest and found items associated with the “Bloods” street gang. He also seized a cell phone from Riley’s pants pocket. According to Riley’s uncontradicted assertion, the phone was a “smart phone,” a cell phone with a broad range of other functions based on advanced computing capability, large storage capacity, and Internet connectivity. The officer accessed information on the phone and noticed that some words (presumably in text messages or a contacts list) were preceded by the letters “CK”—a label that, he believed, stood for “Crip Killers,” a slang term for members of the Bloods gang.

At the police station about two hours after the arrest, a detective specializing in gangs further examined the contents of the phone. The detective testified that he “went through” Riley’s phone “looking for evidence, because . . . gang members will often video themselves with guns or take pictures of themselves with the guns.” App. in No. 13–132, p. 20. Although there was “a lot of stuff” on the phone, particular files that “caught [the detective’s] eye” included videos of young men sparring while someone yelled encouragement using the moniker “Blood.” Id., at 11–13. The police also found photographs of Riley standing in front of a car they suspected had been involved in a shooting a few weeks earlier.

Riley was ultimately charged, in connection with that earlier shooting, with firing at an occupied vehicle, assault with a semiautomatic firearm, and attempted murder. The State alleged that Riley had committed those crimes for the benefit of a criminal street gang, an aggravating factor that carries an enhanced sentence. Compare Cal. Penal Code Ann. §246 (2008) with §186.22(b)(4)(B) (2014). Prior to trial, Riley moved to suppress all evidence that the police had obtained from his cell phone. He contended that the searches of his phone violated the Fourth Amendment, because they had been performed without a warrant and were not otherwise justified by exigent circumstances. The trial court rejected that argument. App. in No. 13–132, at 24, 26. At Riley’s trial, police officers testified about the photographs and videos found on the phone, and some of the photographs were admitted into evidence. Riley was convicted on all three counts and received an enhanced sentence of 15 years to life in prison.

The California Court of Appeal affirmed. No. D059840 (Cal. App., Feb. 8, 2013), App. to Pet. for Cert. in No. 13–132, pp. 1a–23a. The court relied on the California Supreme Court’s decision in People v. Diaz, 51 Cal. 4th 84, 244 P. 3d 501 (2011), which held that the Fourth Amendment permits a warrantless search of cell phone data incident to an arrest, so long as the cell phone was immediately associated with the arrestee’s person. See id., at 93, 244 P. 3d, at 505–506.

The California Supreme Court denied Riley’s petition for review, App. to Pet. for Cert. in No. 13–132, at 24a, and we granted certiorari, 571 U. S. ___ (2014).

B

In the second case, a police officer performing routine surveillance observed respondent Brima Wurie make an apparent drug sale from a car. Officers subsequently arrested Wurie and took him to the police station. At the station, the officers seized two cell phones from Wurie’s person. The one at issue here was a “flip phone,” a kind of phone that is flipped open for use and that generally has a smaller range of features than a smart phone. Five to ten minutes after arriving at the station, the officers noticed that the phone was repeatedly receiving calls from a source identified as “my house” on the phone’s external screen. A few minutes later, they opened the phone and saw a photograph of a woman and a baby set as the phone’s wallpaper. They pressed one button on the phone to access its call log, then another button to determine the phone number associated with the “my house” label. They next used an online phone directory to trace that phone number to an apartment building.

When the officers went to the building, they saw Wurie’s name on a mailbox and observed through a window a woman who resembled the woman in the photograph on Wurie’s phone. They secured the apartment while obtaining a search warrant and, upon later executing the warrant, found and seized 215 grams of crack cocaine, mari-juana, drug paraphernalia, a firearm and ammunition, and cash.

Wurie was charged with distributing crack cocaine, possessing crack cocaine with intent to distribute, and being a felon in possession of a firearm and ammunition. See 18 U. S. C. §922(g); 21 U. S. C. §841(a). He moved to suppress the evidence obtained from the search of the apartment, arguing that it was the fruit of an unconstitutional search of his cell phone. The District Court denied the motion. 612 F. Supp. 2d 104 (Mass. 2009). Wurie was convicted on all three counts and sentenced to 262 months in prison.

A divided panel of the First Circuit reversed the denial of Wurie’s motion to suppress and vacated Wurie’s convictions for possession with intent to distribute and possession of a firearm as a felon. 728 F. 3d 1 (2013). The court held that cell phones are distinct from other physical possessions that may be searched incident to arrest without a warrant, because of the amount of personal data cell phones contain and the negligible threat they pose to law enforcement interests. See id., at 8–11.

We granted certiorari. 571 U. S. ___ (2014).

II

The Fourth Amendment provides:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

As the text makes clear, “the ultimate touchstone of the Fourth Amendment is ‘reasonableness.’ ” Brigham City v. Stuart, 547 U. S. 398, 403 (2006) . Our cases have determined that “[w]here a search is undertaken by law enforcement officials to discover evidence of criminal wrongdoing, . . . reasonableness generally requires the obtaining of a judicial warrant.” Vernonia School Dist. 47J v. Acton, 515 U. S. 646, 653 (1995) . Such a warrant ensures that the inferences to support a search are “drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime.” Johnson v. United States, 333 U. S. 10, 14 (1948) . In the absence of a warrant, a search is reasonable only if it falls within a specific exception to the warrant requirement. See Kentucky v. King, 563 U. S. ___, ___ (2011) (slip op., at 5–6).

The two cases before us concern the reasonableness of a warrantless search incident to a lawful arrest. In 1914, this Court first acknowledged in dictum “the right on the part of the Government, always recognized under English and American law, to search the person of the accused when legally arrested to discover and seize the fruits or evidences of crime.” Weeks v. United States, 232 U. S. 383. Since that time, it has been well accepted that such a search constitutes an exception to the warrant requirement. Indeed, the label “exception” is something of a misnomer in this context, as warrantless searches incident to arrest occur with far greater frequency than searches conducted pursuant to a warrant. See 3 W. LaFave, Search and Seizure §5.2(b), p. 132, and n. 15 (5th ed. 2012).

Although the existence of the exception for such searches has been recognized for a century, its scope has been de-bated for nearly as long. See Arizona v. Gant, 556 U. S. 332, 350 (2009) (noting the exception’s “checkered his-tory”). That debate has focused on the extent to which officers may search property found on or near the arrestee. Three related precedents set forth the rules governing such searches:

The first, Chimel v. California, 395 U. S. 752 (1969) , laid the groundwork for most of the existing search incident to arrest doctrine. Police officers in that case arrested Chimel inside his home and proceeded to search his entire three-bedroom house, including the attic and garage. In particular rooms, they also looked through the contents of drawers. Id., at 753–754.

The Court crafted the following rule for assessing the reasonableness of a search incident to arrest:

“When an arrest is made, it is reasonable for the arresting officer to search the person arrested in order to remove any weapons that the latter might seek to use in order to resist arrest or effect his escape. Otherwise, the officer’s safety might well be endangered, and the arrest itself frustrated. In addition, it is entirely reasonable for the arresting officer to search for and seize any evidence on the arrestee’s person in order to prevent its concealment or destruction. . . . There is ample justification, therefore, for a search of the arrestee’s person and the area ‘within his immediate control’—construing that phrase to mean the area from within which he might gain possession of a weapon or destructible evidence.” Id., at 762–763.

The extensive warrantless search of Chimel’s home did not fit within this exception, because it was not needed to protect officer safety or to preserve evidence. Id., at 763, 768.

Four years later, in United States v. Robinson, 414 U. S. 218 (1973) , the Court applied the Chimel analysis in the context of a search of the arrestee’s person. A police officer had arrested Robinson for driving with a revoked license. The officer conducted a patdown search and felt an object that he could not identify in Robinson’s coat pocket. He removed the object, which turned out to be a crumpled cigarette package, and opened it. Inside were 14 capsules of heroin. Id., at 220, 223.

The Court of Appeals concluded that the search was unreasonable because Robinson was unlikely to have evidence of the crime of arrest on his person, and because it believed that extracting the cigarette package and opening it could not be justified as part of a protective search for weapons. This Court reversed, rejecting the notion that “case-by-case adjudication” was required to determine “whether or not there was present one of the reasons supporting the authority for a search of the person incident to a lawful arrest.” Id., at 235. As the Court explained, “[t]he authority to search the person incident to a lawful custodial arrest, while based upon the need to disarm and to discover evidence, does not depend on what a court may later decide was the probability in a particular arrest situation that weapons or evidence would in fact be found upon the person of the suspect.” Ibid. Instead, a “custodial arrest of a suspect based on probable cause is a reasonable intrusion under the Fourth Amendment; that intrusion being lawful, a search incident to the arrest requires no additional justification.” Ibid.

The Court thus concluded that the search of Robinson was reasonable even though there was no concern about the loss of evidence, and the arresting officer had no specific concern that Robinson might be armed. Id., at 236. In doing so, the Court did not draw a line between a search of Robinson’s person and a further examination of the cigarette pack found during that search. It merely noted that, “[h]aving in the course of a lawful search come upon the crumpled package of cigarettes, [the officer] was entitled to inspect it.” Ibid. A few years later, the Court clarified that this exception was limited to “personal property . . . immediately associated with the person of the arrestee.” United States v. Chadwick, 433 U. S. 1, 15 (1977) (200-pound, locked footlocker could not be searched incident to arrest), abrogated on other grounds by California v. Acevedo, 500 U. S. 565 (1991) .

The search incident to arrest trilogy concludes with Gant, which analyzed searches of an arrestee’s vehicle. Gant, like Robinson, recognized that the Chimel concerns for officer safety and evidence preservation underlie the search incident to arrest exception. See 556 U. S., at 338. As a result, the Court concluded that Chimel could authorize police to search a vehicle “only when the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search.” 556 U. S., at 343. Gant added, however, an independent exception for a warrantless search of a vehicle’s passenger compartment “when it is ‘reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle.’ ” Ibid. (quoting Thornton v. United States, 541 U. S. 615, 632 (2004) (Scalia, J., concurring in judgment)). That exception stems not from Chimel, the Court explained, but from “circumstances unique to the vehicle context.” 556 U. S., at 343.

III

These 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. See A. Smith, Pew Research Center, Smartphone Ownership—2013 Update (June 5, 2013). Even less sophisticated phones like Wurie’s, which have already faded in popularity since Wurie was arrested in 2007, have been around for less than 15 years. Both phones are based on technology nearly inconceivable just a few decades ago, when Chimel and Robinson were decided.

Absent more precise guidance from the founding era, we generally determine whether to exempt a given type of search from the warrant requirement “by assessing, on the one hand, the degree to which it intrudes upon an individual’s privacy and, on the other, the degree to which it is needed for the promotion of legitimate governmental interests.” Wyoming v. Houghton, 526 U. S. 295, 300 (1999) . Such a balancing of interests supported the search incident to arrest exception in Robinson, and a mechanical application of Robinson might well support the warrantless searches at issue here.

But while Robinson’s categorical rule strikes the appropriate balance in the context of physical objects, neither of its rationales has much force with respect to digital content on cell phones. On the government interest side, Robinson concluded that the two risks identified in Chimel—harm to officers and destruction of evidence—are present in all custodial arrests. There are no comparable risks when the search is of digital data. In addition, Robinson regarded any privacy interests retained by an individual after arrest as significantly diminished by the fact of the arrest itself. Cell phones, however, place vast quantities of personal information literally in the hands of individuals. A search of the information on a cell phone bears little resemblance to the type of brief physical search considered in Robinson.

We therefore decline to extend Robinson to searches of data on cell phones, and hold instead that officers must generally secure a warrant before conducting such a search.

A

We first consider each Chimel concern in turn. In doing so, we do not overlook Robinson’s admonition that searches of a person incident to arrest, “while based upon theneed to disarm and to discover evidence,” are reasonable regardless of “the probability in a particular arrest situation that weapons or evidence would in fact be found.” 414 U. S., at 235. Rather than requiring the “case-by-case adjudication” that Robinson rejected, ibid., we ask instead whether application of the search incident to arrest doctrine to this particular category of effects would “untether the rule from the justifications underlying the Chimel exception,” Gant, supra, at 343. See also Knowles v. Iowa, 525 U. S. 113, 119 (1998) (declining to extend Robinson to the issuance of citations, “a situation where the concern for officer safety is not present to the same extent and the concern for destruction or loss of evidence is not present at all”).

1

Digital data stored on a cell phone cannot itself be used as a weapon to harm an arresting officer or to effectuate the arrestee’s escape. Law enforcement officers remain free to examine the physical aspects of a phone to ensure that it will not be used as a weapon—say, to determine whether there is a razor blade hidden between the phone and its case. Once an officer has secured a phone and eliminated any potential physical threats, however, data on the phone can endanger no one.

Perhaps the same might have been said of the cigarette pack seized from Robinson’s pocket. Once an officer gained control of the pack, it was unlikely that Robinson could have accessed the pack’s contents. But unknown physical objects may always pose risks, no matter how slight, during the tense atmosphere of a custodial arrest. The officer in Robinson testified that he could not identify the objects in the cigarette pack but knew they were not cigarettes. See 414 U. S., at 223, 236, n. 7. Given that, a further search was a reasonable protective measure. No such unknowns exist with respect to digital data. As the First Circuit explained, the officers who searched Wurie’s cell phone “knew exactly what they would find therein: data. They also knew that the data could not harm them.” 728 F. 3d, at 10.

The United States and California both suggest that a search of cell phone data might help ensure officer safety in more indirect ways, for example by alerting officers that confederates of the arrestee are headed to the scene. There is undoubtedly a strong government interest in warning officers about such possibilities, but neither the United States nor California offers evidence to suggest that their concerns are based on actual experience. The proposed consideration would also represent a broadening of Chimel’s concern that an arrestee himself might grab a weapon and use it against an officer “to resist arrest or effect his escape.” 395 U. S., at 763. And any such threats from outside the arrest scene do not “lurk[ ] in all custodial arrests.” Chadwick, 433 U. S., at 14–15. Accordingly, the interest in protecting officer safety does not justify dispensing with the warrant requirement across the board. To the extent dangers to arresting officers may be implicated in a particular way in a particular case, they are better addressed through consideration of case-specific exceptions to the warrant requirement, such as the one for exigent circumstances. See, e.g., Warden, Md. Penitentiary v. Hayden, 387 U. S. 294–299 (1967) (“The Fourth Amendment does not require police officers to delay in the course of an investigation if to do so would gravely endanger their lives or the lives of others.”).

2

The United States and California focus primarily on the second Chimel rationale: preventing the destruction of evidence.

Both Riley and Wurie concede that officers could have seized and secured their cell phones to prevent destruction of evidence while seeking a warrant. See Brief for Petitioner in No. 13–132, p. 20; Brief for Respondent in No. 13–212, p. 41. That is a sensible concession. See Illinois v. McArthur, 531 U. S. 326–333 (2001); Chadwick, supra, at 13, and n. 8. And once law enforcement officers have secured a cell phone, there is no longer any risk that the arrestee himself will be able to delete incriminating data from the phone.

The United States and California argue that information on a cell phone may nevertheless be vulnerable to two types of evidence destruction unique to digital data—remote wiping and data encryption. Remote wiping occurs when a phone, connected to a wireless network, receives a signal that erases stored data. This can happen when a third party sends a remote signal or when a phone is preprogrammed to delete data upon entering or leaving certain geographic areas (so-called “geofencing”). See Dept. of Commerce, National Institute of Standards and Technology, R. Ayers, S. Brothers, & W. Jansen, Guidelines on Mobile Device Forensics (Draft) 29, 31 (SP 800–101 Rev. 1, Sept. 2013) (hereinafter Ayers). Encryption is a security feature that some modern cell phones use in addition to password protection. When such phones lock, data becomes protected by sophisticated encryption that renders a phone all but “unbreakable” unless police know the password. Brief for United States as Amicus Curiae in No. 13–132, p. 11.

As an initial matter, these broader concerns about the loss of evidence are distinct from Chimel’s focus on a defendant who responds to arrest by trying to conceal or destroy evidence within his reach. See 395 U. S., at 763–764. With respect to remote wiping, the Government’s primary concern turns on the actions of third parties who are not present at the scene of arrest. And data encryption is even further afield. There, the Government focuses on the ordinary operation of a phone’s security features, apart from any active attempt by a defendant or his associates to conceal or destroy evidence upon arrest.

We have also been given little reason to believe that either problem is prevalent. The briefing reveals only a couple of anecdotal examples of remote wiping triggered by an arrest. See Brief for Association of State Criminal Investigative Agencies et al. as Amici Curiae in No. 13–132, pp. 9–10; see also Tr. of Oral Arg. in No. 13–132,p. 48. Similarly, the opportunities for officers to search a password-protected phone before data becomes encrypted are quite limited. Law enforcement officers are very unlikely to come upon such a phone in an unlocked state because most phones lock at the touch of a button or, as a default, after some very short period of inactivity. See, e.g., iPhone User Guide for iOS 7.1 Software 10 (2014) (default lock after about one minute). This may explain why the encryption argument was not made until the merits stage in this Court, and has never been considered by the Courts of Appeals.

Moreover, in situations in which an arrest might trigger a remote-wipe attempt or an officer discovers an unlocked phone, it is not clear that the ability to conduct a warrantless search would make much of a difference. The need to effect the arrest, secure the scene, and tend to other press-ing matters means that law enforcement officers may well not be able to turn their attention to a cell phone right away. See Tr. of Oral Arg. in No. 13–132, at 50; see also Brief for United States as Amicus Curiae in No. 13–132, at 19. Cell phone data would be vulnerable to remote wiping from the time an individual anticipates arrest to the time any eventual search of the phone is completed, which might be at the station house hours later. Likewise, an officer who seizes a phone in an unlocked state might not be able to begin his search in the short time remaining before the phone locks and data becomes encrypted.

In any event, as to remote wiping, law enforcement is not without specific means to address the threat. Remote wiping can be fully prevented by disconnecting a phone from the network. There are at least two simple ways to do this: First, law enforcement officers can turn the phone off or remove its battery. Second, if they are concerned about encryption or other potential problems, they can leave a phone powered on and place it in an enclosure that isolates the phone from radio waves. See Ayers 30–31. Such devices are commonly called “Faraday bags,” after the English scientist Michael Faraday. They are essentially sandwich bags made of aluminum foil: cheap, lightweight, and easy to use. See Brief for Criminal Law Professors as Amici Curiae 9. They may not be a complete answer to the problem, see Ayers 32, but at least for now they provide a reasonable response. In fact, a number of law enforcement agencies around the country already encourage the use of Faraday bags. See, e.g., Dept. of Justice, National Institute of Justice, Electronic Crime Scene Investigation: A Guide for First Responders 14, 32 (2d ed. Apr. 2008); Brief for Criminal Law Professors as Amici Curiae 4–6.

To the extent that law enforcement still has specific concerns about the potential loss of evidence in a particular case, there remain more targeted ways to address those concerns. If “the police are truly confronted with a ‘now or never’ situation,”—for example, circumstances suggesting that a defendant’s phone will be the target of an imminent remote-wipe attempt—they may be able to rely on exigent circumstances to search the phone immediately. Missouri v. McNeely, 569 U. S. ___, ___ (2013) (slip op., at 10) (quoting Roaden v. Kentucky, 413 U. S. 496, 505 (1973) ; some internal quotation marks omitted). Or, if officers happen to seize a phone in an unlocked state, they may be able to disable a phone’s automatic-lock feature in order to prevent the phone from locking and encrypting data. See App. to Reply Brief in No. 13–132, p. 3a (diagramming the few necessary steps). Such a preventive measure could be analyzed under the principles set forth in our decision in McArthur, 531 U. S. 326, which approved officers’ reasonable steps to secure a scene to preserve evidence while they awaited a warrant. See id., at 331–333.

B

The search incident to arrest exception rests not only on the heightened government interests at stake in a volatile arrest situation, but also on an arrestee’s reduced privacy interests upon being taken into police custody. Robinson focused primarily on the first of those rationales. But it also quoted with approval then-Judge Cardozo’s account of the historical basis for the search incident to arrest exception: “Search of the person becomes lawful when grounds for arrest and accusation have been discovered, and the law is in the act of subjecting the body of the accused to its physical dominion.” 414 U. S., at 232 (quoting People v. Chiagles, 237 N. Y. 193, 197, 142 N. E. 583, 584 (1923)); see also 414 U. S., at 237 (Powell, J., concurring) (“an individual lawfully subjected to a custodial arrest retains no significant Fourth Amendment interest in the privacy of his person”). Put simply, a patdown of Robinson’s cloth-ing and an inspection of the cigarette pack found in his pocket constituted only minor additional intrusions compared to the substantial government authority exercised in taking Robinson into custody. See Chadwick, 433 U. S., at 16, n. 10 (searches of a person are justified in part by “reduced expectations of privacy caused by the arrest”).

The fact that an arrestee has diminished privacy interests does not mean that the Fourth Amendment falls out of the picture entirely. Not every search “is acceptable solely because a person is in custody.” Maryland v. King, 569 U. S. ___, ___ (2013) (slip op., at 26). To the contrary, when “privacy-related concerns are weighty enough” a “search may require a warrant, notwithstanding the diminished expectations of privacy of the arrestee.” Ibid. One such example, of course, is Chimel. Chimel refused to “characteriz[e] the invasion of privacy that results from a top-to-bottom search of a man’s house as ‘minor.’ ” 395 U. S., at 766–767, n. 12. Because a search of the arrestee’s entire house was a substantial invasion beyond the arrest itself, the Court concluded that a warrant was required.

Robinson is the only decision from this Court applying Chimel to a search of the contents of an item found on an arrestee’s person. In an earlier case, this Court had approved a search of a zipper bag carried by an arrestee, but the Court analyzed only the validity of the arrest itself. See Draper v. United States, 358 U. S. 307–311 (1959). Lower courts applying Robinson and Chimel, however, have approved searches of a variety of personal items carried by an arrestee. See, e.g., United States v. Carrion, 809 F. 2d 1120, 1123, 1128 (CA5 1987) (billfold and address book); United States v. Watson, 669 F. 2d 1374, 1383–1384 (CA11 1982) (wallet); United States v. Lee, 501 F. 2d 890, 892 (CADC 1974) (purse).

The United States asserts that a search of all data stored on a cell phone is “materially indistinguishable” from searches of these sorts of physical items. Brief for United States in No. 13–212, p. 26. That is like saying a ride on horseback is materially indistinguishable from a flight to the moon. Both are ways of getting from point A to point B, but little else justifies lumping them together. Modern cell phones, as a category, implicate privacy concerns far beyond those implicated by the search of a cigarette pack, a wallet, or a purse. A conclusion that inspecting the contents of an arrestee’s pockets works no substantial additional intrusion on privacy beyond the arrest itself may make sense as applied to physical items, but any extension of that reasoning to digital data has to rest on its own bottom.

1

Cell phones differ in both a quantitative and a qualitative sense from other objects that might be kept on an arrestee’s person. The term “cell phone” is itself misleading shorthand; many of these devices are in fact minicomputers that also happen to have the capacity to be used as a telephone. They could just as easily be called cameras, video players, rolodexes, calendars, tape recorders, libraries, diaries, albums, televisions, maps, or newspapers.

One of the most notable distinguishing features of modern cell phones is their immense storage capacity. Before cell phones, a search of a person was limited by physical realities and tended as a general matter to constitute only a narrow intrusion on privacy. See Kerr, Foreword: Accounting for Technological Change, 36 Harv. J. L. & Pub. Pol’y 403, 404–405 (2013). Most people cannot lug around every piece of mail they have received for the past several months, every picture they have taken, or every book or article they have read—nor would they have any reason to attempt to do so. And if they did, they would have to drag behind them a trunk of the sort held to require a search warrant in Chadwick, supra, rather than a container the size of the cigarette package in Robinson.

But the possible intrusion on privacy is not physically limited in the same way when it comes to cell phones. The current top-selling smart phone has a standard capacity of 16 gigabytes (and is available with up to 64 gigabytes). Sixteen gigabytes translates to millions of pages of text, thousands of pictures, or hundreds of videos. See Kerr, supra, at 404; Brief for Center for Democracy & Technol-ogy et al. as Amici Curiae 7–8. Cell phones couple that capacity with the ability to store many different types of information: Even the most basic phones that sell for less than $20 might hold photographs, picture messages, text messages, Internet browsing history, a calendar, a thousand-entry phone book, and so on. See id., at 30; United States v. Flores-Lopez, 670 F. 3d 803, 806 (CA7 2012). We expect that the gulf between physical practicability and digital capacity will only continue to widen in the future.

The storage capacity of cell phones has several interrelated consequences for privacy. First, a cell phone collects in one place many distinct types of information—an address, a note, a prescription, a bank statement, a video—that reveal much more in combination than any isolated record. Second, a cell phone’s capacity allows even just one type of information to convey far more than previously possible. The sum of an individual’s private life can be reconstructed through a thousand photographs labeled with dates, locations, and descriptions; the same cannot be said of a photograph or two of loved ones tucked into a wallet. Third, the data on a phone can date back to the purchase of the phone, or even earlier. A person might carry in his pocket a slip of paper reminding him to call Mr. Jones; he would not carry a record of all his communications with Mr. Jones for the past several months, as would routinely be kept on a phone. 1

Finally, there is an element of pervasiveness that characterizes cell phones but not physical records. Prior to the digital age, people did not typically carry a cache of sensitive personal information with them as they went about their day. Now it is the person who is not carrying a cell phone, with all that it contains, who is the exception. According to one poll, nearly three-quarters of smart phone users report being within five feet of their phones most of the time, with 12% admitting that they even use their phones in the shower. See Harris Interactive, 2013 Mobile Consumer Habits Study (June 2013). A decade ago police officers searching an arrestee might have occasionally stumbled across a highly personal item such as a diary. See, e.g., United States v. Frankenberry, 387 F. 2d 337 (CA2 1967) (per curiam). But those discoveries were likely to be few and far between. Today, by contrast, it is no exaggeration to say that many of the more than 90% of American adults who own a cell phone keep on their person a digital record of nearly every aspect of their lives—from the mundane to the intimate. See Ontario v. Quon, 560 U. S. 746, 760 (2010) . Allowing the police to scrutinize such records on a routine basis is quite different from allowing them to search a personal item or two in the occasional case.

Although the data stored on a cell phone is distinguished from physical records by quantity alone, certain types of data are also qualitatively different. An Internet search and browsing history, for example, can be found on an Internet-enabled phone and could reveal an individual’s private interests or concerns—perhaps a search for certain symptoms of disease, coupled with frequent visits to WebMD. Data on a cell phone can also reveal where a person has been. Historic location information is a stand-ard feature on many smart phones and can reconstruct someone’s specific movements down to the minute, not only around town but also within a particular building. See United States v. Jones, 565 U. S. ___, ___ (2012) (Sotomayor, J., concurring) (slip op., at 3) (“GPS monitoring generates a precise, comprehensive record of a person’s public movements that reflects a wealth of detail about her familial, political, professional, religious, and sexual associations.”).

Mobile application software on a cell phone, or “apps,” offer a range of tools for managing detailed information about all aspects of a person’s life. There are apps for Democratic Party news and Republican Party news; apps for alcohol, drug, and gambling addictions; apps for sharing prayer requests; apps for tracking pregnancy symptoms; apps for planning your budget; apps for every conceivable hobby or pastime; apps for improving your romantic life. There are popular apps for buying or selling just about anything, and the records of such transactions may be accessible on the phone indefinitely. There are over a million apps available in each of the two major app stores; the phrase “there’s an app for that” is now part of the popular lexicon. The average smart phone user has installed 33 apps, which together can form a revealing montage of the user’s life. See Brief for Electronic Privacy Information Center as Amicus Curiae in No. 13–132, p. 9.

In 1926, Learned Hand observed (in an opinion later quoted in Chimel) that it is “a totally different thing to search a man’s pockets and use against him what they contain, from ransacking his house for everything which may incriminate him.” United States v. Kirschenblatt, 16 F. 2d 202, 203 (CA2). If his pockets contain a cell phone, however, that is no longer true. 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 previ-ously found in the home; it also contains a broad array of private information never found in a home in any form—unless the phone is.

2

To further complicate the scope of the privacy interests at stake, the data a user views on many modern cell phones may not in fact be stored on the device itself. Treating a cell phone as a container whose contents may be searched incident to an arrest is a bit strained as an initial matter. See New York v. Belton, 453 U. S. 454, 460, n. 4 (1981) (describing a “container” as “any object capable of holding another object”). But the analogy crumbles entirely when a cell phone is used to access data located elsewhere, at the tap of a screen. That is what cell phones, with increasing frequency, are designed to do by taking advantage of “cloud computing.” Cloud computing is the capacity of Internet-connected devices to display data stored on remote servers rather than on the device itself. Cell phone users often may not know whether particular information is stored on the device or in the cloud, and it generally makes little difference. See Brief for Electronic Privacy Information Center in No. 13–132, at 12–14, 20. Moreover, the same type of data may be stored locally on the device for one user and in the cloud for another.

The United States concedes that the search incident to arrest exception may not be stretched to cover a search of files accessed remotely—that is, a search of files stored in the cloud. See Brief for United States in No. 13–212, at 43–44. Such a search would be like finding a key in a suspect’s pocket and arguing that it allowed law enforcement to unlock and search a house. But officers searching a phone’s data would not typically know whether the information they are viewing was stored locally at the time of the arrest or has been pulled from the cloud.

Although the Government recognizes the problem, its proposed solutions are unclear. It suggests that officers could disconnect a phone from the network before searching the device—the very solution whose feasibility it contested with respect to the threat of remote wiping. Compare Tr. of Oral Arg. in No. 13–132, at 50–51, with Tr. of Oral Arg. in No. 13–212, pp. 13–14. Alternatively, the Government proposes that law enforcement agencies “develop protocols to address” concerns raised by cloud computing. Reply Brief in No. 13–212, pp. 14–15. Probably a good idea, but the Founders did not fight a revolution to gain the right to government agency protocols. The possibility that a search might extend well beyond papers and effects in the physical proximity of an arrestee is yet another reason that the privacy interests here dwarf those in Robinson.

C

Apart from their arguments for a direct extension of Robinson, the United States and California offer various fallback options for permitting warrantless cell phone searches under certain circumstances. Each of the proposals is flawed and contravenes our general preference to provide clear guidance to law enforcement through categorical rules. “[I]f police are to have workable rules, the balancing of the competing interests . . . ‘must in large part be done on a categorical basis—not in an ad hoc, case-by-case fashion by individual police officers.’ ” Michigan v. Summers, 452 U. S. 692, 705, n. 19 (1981) (quoting Dunaway v. New York, 442 U. S. 200–220 (1979) (White, J., concurring)).

The United States first proposes that the Gant standard be imported from the vehicle context, allowing a warrantless search of an arrestee’s cell phone whenever it is reasonable to believe that the phone contains evidence of the crime of arrest. But Gant relied on “circumstances unique to the vehicle context” to endorse a search solely for the purpose of gathering evidence. 556 U. S., at 343. Justice Scalia’s Thornton opinion, on which Gant was based, explained that those unique circumstances are “a reduced expectation of privacy” and “heightened law enforcement needs” when it comes to motor vehicles. 541 U. S., at 631; see also Wyoming v. Houghton, 526 U. S., at 303–304. For reasons that we have explained, cell phone searches bear neither of those characteristics.

At any rate, a Gant standard would prove no practical limit at all when it comes to cell phone searches. In the vehicle context, Gant generally protects against searches for evidence of past crimes. See 3 W. LaFave, Search and Seizure §7.1(d), at 709, and n. 191. In the cell phone context, however, it is reasonable to expect that incriminating information will be found on a phone regardless of when the crime occurred. Similarly, in the vehicle context Gant restricts broad searches resulting from minor crimes such as traffic violations. See id., §7.1(d), at 713, and n. 204. That would not necessarily be true for cell phones. It would be a particularly inexperienced or unimaginative law enforcement officer who could not come up with sev-eral reasons to suppose evidence of just about any crime could be found on a cell phone. Even an individual pulled over for something as basic as speeding might well have locational data dispositive of guilt on his phone. An individual pulled over for reckless driving might have evidence on the phone that shows whether he was texting while driving. The sources of potential pertinent information are virtually unlimited, so applying the Gant standard to cell phones would in effect give “police officers unbridled discretion to rummage at will among a person’s private effects.” 556 U. S., at 345.

The United States also proposes a rule that would restrict the scope of a cell phone search to those areas of the phone where an officer reasonably believes that infor-mation relevant to the crime, the arrestee’s identity, or officer safety will be discovered. See Brief for United States in No. 13–212, at 51–53. This approach would again impose few meaningful constraints on officers. The proposed categories would sweep in a great deal of information, and officers would not always be able to discern in advance what information would be found where.

We also reject the United States’ final suggestion that officers should always be able to search a phone’s call log, as they did in Wurie’s case. The Government relies on Smith v. Maryland, 442 U. S. 735 (1979) , which held that no warrant was required to use a pen register at telephone company premises to identify numbers dialed by a particular caller. The Court in that case, however, concluded that the use of a pen register was not a “search” at all under the Fourth Amendment. See id., at 745–746. There is no dispute here that the officers engaged in a search of Wurie’s cell phone. Moreover, call logs typically contain more than just phone numbers; they include any identifying information that an individual might add, such as the label “my house” in Wurie’s case.

Finally, at oral argument California suggested a different limiting principle, under which officers could search cell phone data if they could have obtained the same information from a pre-digital counterpart. See Tr. of Oral Arg. in No. 13–132, at 38–43; see also Flores-Lopez, 670 F. 3d, at 807 (“If police are entitled to open a pocket diary to copy the owner’s address, they should be entitled to turn on a cell phone to learn its number.”). But the fact that a search in the pre-digital era could have turned up a photograph or two in a wallet does not justify a search of thousands of photos in a digital gallery. The fact that someone could have tucked a paper bank statement in a pocket does not justify a search of every bank statement from the last five years. And to make matters worse, such an analogue test would allow law enforcement to search a range of items contained on a phone, even though people would be unlikely to carry such a variety of information in physical form. In Riley’s case, for example, it is implausible that he would have strolled around with video tapes, photo albums, and an address book all crammed into his pockets. But because each of those items has a pre-digital analogue, police under California’s proposal would be able to search a phone for all of those items—a significant diminution of privacy.

In addition, an analogue test would launch courts on a difficult line-drawing expedition to determine which digital files are comparable to physical records. Is an e-mail equivalent to a letter? Is a voicemail equivalent to a phone message slip? It is not clear how officers could make these kinds of decisions before conducting a search, or how courts would apply the proposed rule after the fact. An analogue test would “keep defendants and judges guessing for years to come.” Sykes v. United States, 564 U. S. 1, ___ (2011) (Scalia, J., dissenting) (slip op., at 7) (discussing the Court’s analogue test under the Armed Career Criminal Act).

IV

We cannot deny that our decision today will have an impact on the ability of law enforcement to combat crime. Cell phones have become important tools in facilitating coordination and communication among members of criminal enterprises, and can provide valuable incriminating information about dangerous criminals. Privacy comes at a cost.

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. Our cases have historically recognized that the warrant requirement is “an important working part of our machinery of gov-ernment,” not merely “an inconvenience to be somehow ‘weighed’ against the claims of police efficiency.” Coolidge v. New Hampshire, 403 U. S. 443, 481 (1971) . Recent technological advances similar to those discussed here have, in addition, made the process of obtaining a warrant itself more efficient. See McNeely, 569 U. S., at ___ (slip op., at 11–12); id., at ___ (Roberts, C. J., concurring in part and dissenting in part) (slip op., at 8) (describing jurisdiction where “police officers can e-mail warrant requests to judges’ iPads [and] judges have signed such warrants and e-mailed them back to officers in less than 15 minutes”).

Moreover, even though the search incident to arrest exception does not apply to cell phones, other case-specific exceptions may still justify a warrantless search of a particular phone. “One well-recognized exception applies when ‘ “the exigencies of the situation” make the needs of law enforcement so compelling that [a] warrantless search is objectively reasonable under the Fourth Amendment.’ ” Kentucky v. King, 563 U. S., at ___ (slip op., at 6) (quoting Mincey v. Arizona, 437 U. S. 385, 394 (1978) ). Such exigencies could include the need to prevent the imminent destruction of evidence in individual cases, to pursue a fleeing suspect, and to assist persons who are seriously injured or are threatened with imminent injury. 563 U. S., at ___. In Chadwick, for example, the Court held that the exception for searches incident to arrest did not justify a search of the trunk at issue, but noted that “if officers have reason to believe that luggage contains some immediately dangerous instrumentality, such as explosives, it would be foolhardy to transport it to the station house without opening the luggage.” 433 U. S., at 15, n. 9.

In light of the availability of the exigent circumstances exception, there is no reason to believe that law enforcement officers will not be able to address some of the more extreme hypotheticals that have been suggested: a suspect texting an accomplice who, it is feared, is preparing to detonate a bomb, or a child abductor who may have information about the child’s location on his cell phone. The defendants here recognize—indeed, they stress—that such fact-specific threats may justify a warrantless search of cell phone data. See Reply Brief in No. 13–132, at 8–9; Brief for Respondent in No. 13–212, at 30, 41. The critical point is that, unlike the search incident to arrest exception, the exigent circumstances exception requires a court to examine whether an emergency justified a warrantless search in each particular case. See McNeely, supra, at ___ (slip op., at 6). 2

*  *  *

Our cases have recognized that the Fourth Amendment was the founding generation’s response to the reviled “general warrants” and “writs of assistance” of the colonial era, which allowed British officers to rummage through homes in an unrestrained search for evidence of criminal activity. Opposition to such searches was in fact one of the driving forces behind the Revolution itself. In 1761, the patriot James Otis delivered a speech in Boston denouncing the use of writs of assistance. A young John Adams was there, and he would later write that “[e]very man of a crowded audience appeared to me to go away, as I did, ready to take arms against writs of assistance.” 10 Works of John Adams 247–248 (C. Adams ed. 1856). According to Adams, Otis’s speech was “the first scene of the first act of opposition to the arbitrary claims of Great Britain. Then and there the child Independence was born.” Id., at 248 (quoted in Boyd v. United States, 116 U. S. 616, 625 (1886) ).

Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans “the privacies of life,” Boyd, supra, at 630. The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought. Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple—get a warrant.

We reverse the judgment of the California Court of Appeal in No. 13–132 and remand the case for further proceedings not inconsistent with this opinion. We affirm the judgment of the First Circuit in No. 13–212.

It is so ordered.

Notes
1 Because the United States and California agree that these cases involve searches incident to arrest, these cases do not implicate the question whether the collection or inspection of aggregated digital information amounts to a search under other circumstances.

2 In Wurie’s case, for example, the dissenting First Circuit judge argued that exigent circumstances could have justified a search of Wurie’s phone. See 728 F. 3d 1, 17 (2013) (opinion of Howard, J.) (discussing the repeated unanswered calls from “my house,” the suspected location of a drug stash). But the majority concluded that the Government had not made an exigent circumstances argument. See id., at 1. The Government acknowledges the same in this Court. See Brief for United States in No. 13–212, p. 28, n. 8.
TOP
Concurrence

SUPREME COURT OF THE UNITED STATES

_________________

Nos. 13–132 and 13–212

_________________

DAVID LEON RILEY, PETITIONER

13–132 v.

CALIFORNIA

on writ of certiorari to the court of appeal of cali-fornia, fourth appellate district, division one

UNITED STATES, PETITIONER

13–212 v.

BRIMA WURIE

on writ of certiorari to the united states court of appeals for the first circuit

[June 25, 2014]
Justice Alito, concurring in part and concurring in the judgment.

I agree with the Court that law enforcement officers, in conducting a lawful search incident to arrest, must generally obtain a warrant before searching information stored or accessible on a cell phone. I write separately to address two points.

I

A

First, I am not convinced at this time that the ancient rule on searches incident to arrest is based exclusively (or even primarily) on the need to protect the safety of arresting officers and the need to prevent the destruction of evidence. Cf. ante, at 9. This rule antedates the adoption of the Fourth Amendment by at least a century. See T. Clancy, The Fourth Amendment: Its History and Interpretation 340 (2008); T. Taylor, Two Studies in Constitutional Interpretation 28 (1969); Amar, Fourth Amendment First Principles, 107 Harv. L. Rev. 757, 764 (1994). In Weeks v. United States, 232 U. S. 383, 392 (1914) , we held that the Fourth Amendment did not disturb this rule. See also Taylor, supra, at 45; Stuntz, The Substantive Origins of Criminal Procedure, 105 Yale L. J. 393, 401 (1995) (“The power to search incident to arrest—a search of the arrested suspect’s person . . .—was well established in the mid-eighteenth century, and nothing in . . . the Fourth Amendment changed that”). And neither in Weeks nor in any of the authorities discussing the old common-law rule have I found any suggestion that it was based exclusively or primarily on the need to protect arresting officers or to prevent the destruction of evidence.

On the contrary, when pre-Weeks authorities discussed the basis for the rule, what was mentioned was the need to obtain probative evidence. For example, an 1839 case stated that “it is clear, and beyond doubt, that . . . constables . . . are entitled, upon a lawful arrest by them of one charged with treason or felony, to take and detain prop-erty found in his possession which will form material evi-dence in his prosecution for that crime.” See Dillon v. O’Brien, 16 Cox Crim. Cas. 245, 249–251 (1887) (citing Regina, v. Frost, 9 Car. & P. 129, 173 Eng. Rep. 771)). The court noted that the origins of that rule “deriv[e] from the interest which the State has in a person guilty (or reasonably believed to be guilty) of a crime being brought to justice, and in a prosecution, once commenced, being determined in due course of law.” 16 Cox Crim. Cas., at 249–250. See also Holker v. Hennessey, 141 Mo. 527, 537–540, 42 S. W. 1090, 1093 (1897).

Two 19th-century treatises that this Court has previ-ously cited in connection with the origin of the search-incident-to-arrest rule, see Weeks, supra, at 392, suggest the same rationale. See F. Wharton, Criminal Pleading and Practice §60, p. 45 (8th ed. 1880) (“Those arresting a defendant are bound to take from his person any articles which may be of use as proof in the trial of the offense with which the defendant is charged”); J. Bishop, Criminal Procedure §§210–212, p. 127 (2d ed. 1872) (if an arresting officer finds “about the prisoner’s person, or otherwise in his possession, either goods or moneys which there is reason to believe are connected with the supposed crime as its fruits, or as the instruments with which it was committed, or as directly furnishing evidence relating to the transaction, he may take the same, and hold them to be disposed of as the court may direct”).

What ultimately convinces me that the rule is not closely linked to the need for officer safety and evidence preser-vation is that these rationales fail to explain the rule’s well-recognized scope. It has long been accepted that written items found on the person of an arrestee may be examined and used at trial. 1 * But once these items are taken away from an arrestee (something that obviously must be done before the items are read), there is no risk that the arrestee will destroy them. Nor is there any risk that leaving these items unread will endanger the arresting officers.

The idea that officer safety and the preservation of evidence are the sole reasons for allowing a warrantless search incident to arrest appears to derive from the Court’s reasoning in Chimel v. California, 395 U. S. 752 (1969) , a case that involved the lawfulness of a search of the scene of an arrest, not the person of an arrestee. As I have explained, Chimel’s reasoning is questionable, see Arizona v. Gant, 556 U. S. 332–363 (2009) (Alito, J., dissenting), and I think it is a mistake to allow that reasoning to affect cases like these that concern the search of the person of arrestees.

B

Despite my view on the point discussed above, I agree that we should not mechanically apply the rule used in the predigital era to the search of a cell phone. Many cell phones now in use are capable of storing and accessing a quantity of information, some highly personal, that no person would ever have had on his person in hard-copy form. This calls for a new balancing of law enforcement and privacy interests.

The Court strikes this balance in favor of privacy interests with respect to all cell phones and all information found in them, and this approach leads to anomalies. For example, the Court’s broad holding favors information in digital form over information in hard-copy form. Suppose that two suspects are arrested. Suspect number one has in his pocket a monthly bill for his land-line phone, and the bill lists an incriminating call to a long-distance number. He also has in his a wallet a few snapshots, and one of these is incriminating. Suspect number two has in his pocket a cell phone, the call log of which shows a call to the same incriminating number. In addition, a number of photos are stored in the memory of the cell phone, and one of these is incriminating. Under established law, the police may seize and examine the phone bill and the snapshots in the wallet without obtaining a warrant, but under the Court’s holding today, the information stored in the cell phone is out.

While the Court’s approach leads to anomalies, I do not see a workable alternative. Law enforcement officers need clear rules regarding searches incident to arrest, and it would take many cases and many years for the courts to develop more nuanced rules. And during that time, the nature of the electronic devices that ordinary Americans carry on their persons would continue to change.

II

This brings me to my second point. While I agree with the holding of the Court, I would reconsider the question presented here if either Congress or state legislatures, after assessing the legitimate needs of law enforcement and the privacy interests of cell phone owners, enact legislation that draws reasonable distinctions based on categories of information or perhaps other variables.

The regulation of electronic surveillance provides an instructive example. After this Court held that electronic surveillance constitutes a search even when no property interest is invaded, see Katz v. United States, 389 U. S. 347–359 (1967), Congress responded by enacting Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 82Stat. 211. See also 18 U. S. C. §2510 et seq. Since that time, electronic surveillance has been governed primarily, not by decisions of this Court, but by the stat-ute, which authorizes but imposes detailed restrictions on electronic surveillance. See ibid.

Modern cell phones are of great value for both lawful and unlawful purposes. They can be used in committing many serious crimes, and they present new and difficult law enforcement problems. See Brief for United States in No. 13–212, pp. 2–3. At the same time, because of the role that these devices have come to play in contemporary life, searching their contents implicates very sensitive privacy interests that this Court is poorly positioned to understand and evaluate. Many forms of modern technology are making it easier and easier for both government and private entities to amass a wealth of information about the lives of ordinary Americans, and at the same time, many ordinary Americans are choosing to make public much information that was seldom revealed to outsiders just a few decades ago.

In light of these developments, it would be very unfortunate if privacy protection in the 21st century were left primarily to the federal courts using the blunt instrument of the Fourth Amendment. Legislatures, elected by the people, are in a better position than we are to assess and respond to the changes that have already occurred and those that almost certainly will take place in the future.

Notes
1* Cf. Hill v. California, 401 U. S. 797–802, and n. 1 (1971) (diary); Marron v. United States, 275 U. S. 192–199 (1927) (ledgerand bills); Gouled v. United States, 255 U. S. 298, 309 (1921) , overruled on other grounds, Warden, Md. Penitentiary v. Hayden, 387 U. S. 294–301 (1967) (papers); see United States v. Rodriguez, 995 F. 2d 776, 778 (CA7 1993) (address book); United States v. Armendariz–Mata, 949 F. 2d 151, 153 (CA5 1991) (notebook); United States v. Molinaro, 877 F. 2d 1341 (CA7 1989) (wallet); United States v. Richardson, 764 F. 2d 1514, 1527 (CA11 1985) (wallet and papers); United States v. Watson, 669 F. 2d 1374, 1383–1384 (CA11 1982) (documents found in a wallet); United States v. Castro, 596 F. 2d 674, 677 (CA5 1979), cert. denied, 444 U. S. 963 (1979) (paper found in a pocket); United States v. Jeffers, 520 F. 2d 1256, 1267–1268 (CA7 1975) (three notebooks and meeting minutes); Bozel v. Hudspeth, 126 F. 2d 585, 587 (CA10 1942) (papers, circulars, advertising matter, “memoranda containing various names and addresses”); United States v. Park Avenue Pharmacy, 56 F. 2d 753, 755 (CA2 1932) (“numerous prescriptions blanks” and a check book). See also 3 W. LaFave, Search and Seizure §5.2(c), p. 144 (5th ed. 2012) (“Lower courts, in applying Robinson, have deemed evidentiary searches of an arrested person to be virtually unlimited”); W. Cuddihy, FourthAmendment: Origins and Original Meaning 847–848 (1990) (in the pre-Constitution colonial era, “[a]nyone arrested could expect that not only his surface clothing but his body, luggage, and saddlebags would be searched”).

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text: he

text: went

text: through

text: Riley

text: s

text: phone

text: looking

text: for

text: evidence

text: because

text: gang

text: members

text: will

text: often

text: video

text: themselves

text: with

text: guns

text: or

text: take

text: pictures

text: of

text: themselves

text: with

text: the

text: guns

text: App

text: in

text: No

text: p

text: Although

text: there

text: was

text: a

text: lot

text: of

text: stuff

text: on

text: the

text: phone

text: particular

text: files

text: that

text: caught

text: the

text: detective

text: s

text: eye

text: included

text: videos

text: of

text: young

text: men

text: sparring

text: while

text: someone

text: yelled

text: encouragement

text: using

text: the

text: moniker

text: Blood

text: Id

text: at

text: The

text: police

text: also

text: found

text: photographs

text: of

text: Riley

text: standing

text: in

text: front

text: of

text: a

text: car

text: they

text: suspected

text: had

text: been

text: involved

text: in

text: a

text: shooting

text: a

text: few

text: weeks

text: earlier

text: Riley

text: was

text: ultimately

text: charged

text: in

text: connection

text: with

text: that

text: earlier

text: shooting

text: with

text: firing

text: at

text: an

text: occupied

text: vehicle

text: assault

text: with

text: a

text: semiautomatic

text: firearm

text: and

text: attempted

text: murder

text: The

text: State

text: alleged

text: that

text: Riley

text: had

text: committed

text: those

text: crimes

text: for

text: the

text: benefit

text: of

text: a

text: criminal

text: street

text: gang

text: an

text: aggravating

text: factor

text: that

text: carries

text: an

text: enhanced

text: sentence

text: Compare

text: Cal

text: Penal

text: Code

text: Ann

text: with

text: b

text: B

text: Prior

text: to

text: trial

text: Riley

text: moved

text: to

text: suppress

text: all

text: evidence

text: that

text: the

text: police

text: had

text: obtained

text: from

text: his

text: cell

text: phone

text: He

text: contended

text: that

text: the

text: searches

text: of

text: his

text: phone

text: violated

text: the

text: Fourth

text: Amendment

text: because

text: they

text: had

text: been

text: performed

text: without

text: a

text: warrant

text: and

text: were

text: not

text: otherwise

text: justified

text: by

text: exigent

text: circumstances

text: The

text: trial

text: court

text: rejected

text: that

text: argument

text: App

text: in

text: No

text: at

text: At

text: Riley

text: s

text: trial

text: police

text: officers

text: testified

text: about

text: the

text: photographs

text: and

text: videos

text: found

text: on

text: the

text: phone

text: and

text: some

text: of

text: the

text: photographs

text: were

text: admitted

text: into

text: evidence

text: Riley

text: was

text: convicted

text: on

text: all

text: three

text: counts

text: and

text: received

text: an

text: enhanced

text: sentence

text: of

text: years

text: to

text: life

text: in

text: prison

text: The

text: California

text: Court

text: of

text: Appeal

text: affirmed

text: No

text: D

text: Cal

text: App

text: Feb

text: App

text: to

text: Pet

text: for

text: Cert

text: in

text: No

text: pp

text: a

text: a

text: The

text: court

text: relied

text: on

text: the

text: California

text: Supreme

text: Court

text: s

text: decision

text: in

text: People

text: v

text: Diaz

text: Cal

text: th

text: P

text: d

text: which

text: held

text: that

text: the

text: Fourth

text: Amendment

text: permits

text: a

text: warrantless

text: search

text: of

text: cell

text: phone

text: data

text: incident

text: to

text: an

text: arrest

text: so

text: long

text: as

text: the

text: cell

text: phone

text: was

text: immediately

text: associated

text: with

text: the

text: arrestee

text: s

text: person

text: See

text: id

text: at

text: P

text: d

text: at

text: The

text: California

text: Supreme

text: Court

text: denied

text: Riley

text: s

text: petition

text: for

text: review

text: App

text: to

text: Pet

text: for

text: Cert

text: in

text: No

text: at

text: a

text: and

text: we

text: granted

text: certiorari

text: U

text: S

text: B

text: In

text: the

text: second

text: case

text: a

text: police

text: officer

text: performing

text: routine

text: surveillance

text: observed

text: respondent

text: Brima

text: Wurie

text: make

text: an

text: apparent

text: drug

text: sale

text: from

text: a

text: car

text: Officers

text: subsequently

text: arrested

text: Wurie

text: and

text: took

text: him

text: to

text: the

text: police

text: station

text: At

text: the

text: station

text: the

text: officers

text: seized

text: two

text: cell

text: phones

text: from

text: Wurie

text: s

text: person

text: The

text: one

text: at

text: issue

text: here

text: was

text: a

text: flip

text: phone

text: a

text: kind

text: of

text: phone

text: that

text: is

text: flipped

text: open

text: for

text: use

text: and

text: that

text: generally

text: has

text: a

text: smaller

text: range

text: of

text: features

text: than

text: a

text: smart

text: phone

text: Five

text: to

text: ten

text: minutes

text: after

text: arriving

text: at

text: the

text: station

text: the

text: officers

text: noticed

text: that

text: the

text: phone

text: was

text: repeatedly

text: receiving

text: calls

text: from

text: a

text: source

text: identified

text: as

text: my

text: house

text: on

text: the

text: phone

text: s

text: external

text: screen

text: A

text: few

text: minutes

text: later

text: they

text: opened

text: the

text: phone

text: and

text: saw

text: a

text: photograph

text: of

text: a

text: woman

text: and

text: a

text: baby

text: set

text: as

text: the

text: phone

text: s

text: wallpaper

text: They

text: pressed

text: one

text: button

text: on

text: the

text: phone

text: to

text: access

text: its

text: call

text: log

text: then

text: another

text: button

text: to

text: determine

text: the

text: phone

text: number

text: associated

text: with

text: the

text: my

text: house

text: label

text: They

text: next

text: used

text: an

text: online

text: phone

text: directory

text: to

text: trace

text: that

text: phone

text: number

text: to

text: an

text: apartment

text: building

text: When

text: the

text: officers

text: went

text: to

text: the

text: building

text: they

text: saw

text: Wurie

text: s

text: name

text: on

text: a

text: mailbox

text: and

text: observed

text: through

text: a

text: window

text: a

text: woman

text: who

text: resembled

text: the

text: woman

text: in

text: the

text: photograph

text: on

text: Wurie

text: s

text: phone

text: They

text: secured

text: the

text: apartment

text: while

text: obtaining

text: a

text: search

text: warrant

text: and

text: upon

text: later

text: executing

text: the

text: warrant

text: found

text: and

text: seized

text: grams

text: of

text: crack

text: cocaine

text: mari

text: juana

text: drug

text: paraphernalia

text: a

text: firearm

text: and

text: ammunition

text: and

text: cash

text: Wurie

text: was

text: charged

text: with

text: distributing

text: crack

text: cocaine

text: possessing

text: crack

text: cocaine

text: with

text: intent

text: to

text: distribute

text: and

text: being

text: a

text: felon

text: in

text: possession

text: of

text: a

text: firearm

text: and

text: ammunition

text: See

text: U

text: S

text: C

text: g

text: U

text: S

text: C

text: a

text: He

text: moved

text: to

text: suppress

text: the

text: evidence

text: obtained

text: from

text: the

text: search

text: of

text: the

text: apartment

text: arguing

text: that

text: it

text: was

text: the

text: fruit

text: of

text: an

text: unconstitutional

text: search

text: of

text: his

text: cell

text: phone

text: The

text: District

text: Court

text: denied

text: the

text: motion

text: F

text: Supp

text: d

text: Mass

text: Wurie

text: was

text: convicted

text: on

text: all

text: three

text: counts

text: and

text: sentenced

text: to

text: months

text: in

text: prison

text: A

text: divided

text: panel

text: of

text: the

text: First

text: Circuit

text: reversed

text: the

text: denial

text: of

text: Wurie

text: s

text: motion

text: to

text: suppress

text: and

text: vacated

text: Wurie

text: s

text: convictions

text: for

text: possession

text: with

text: intent

text: to

text: distribute

text: and

text: possession

text: of

text: a

text: firearm

text: as

text: a

text: felon

text: F

text: d

text: The

text: court

text: held

text: that

text: cell

text: phones

text: are

text: distinct

text: from

text: other

text: physical

text: possessions

text: that

text: may

text: be

text: searched

text: incident

text: to

text: arrest

text: without

text: a

text: warrant

text: because

text: of

text: the

text: amount

text: of

text: personal

text: data

text: cell

text: phones

text: contain

text: and

text: the

text: negligible

text: threat

text: they

text: pose

text: to

text: law

text: enforcement

text: interests

text: See

text: id

text: at

text: We

text: granted

text: certiorari

text: U

text: S

text: II

text: The

text: Fourth

text: Amendment

text: provides

text: The

text: right

text: of

text: the

text: people

text: to

text: be

text: secure

text: in

text: their

text: persons

text: houses

text: papers

text: and

text: effects

text: against

text: unreasonable

text: searches

text: and

text: seizures

text: shall

text: not

text: be

text: violated

text: and

text: no

text: Warrants

text: shall

text: issue

text: but

text: upon

text: probable

text: cause

text: supported

text: by

text: Oath

text: or

text: affirmation

text: and

text: particularly

text: describing

text: the

text: place

text: to

text: be

text: searched

text: and

text: the

text: persons

text: or

text: things

text: to

text: be

text: seized

text: As

text: the

text: text

text: makes

text: clear

text: the

text: ultimate

text: touchstone

text: of

text: the

text: Fourth

text: Amendment

text: is

text: reasonableness

text: Brigham

text: City

text: v

text: Stuart

text: U

text: S

text: Our

text: cases

text: have

text: determined

text: that

text: w

text: here

text: a

text: search

text: is

text: undertaken

text: by

text: law

text: enforcement

text: officials

text: to

text: discover

text: evidence

text: of

text: criminal

text: wrongdoing

text: reasonableness

text: generally

text: requires

text: the

text: obtaining

text: of

text: a

text: judicial

text: warrant

text: Vernonia

text: School

text: Dist

text: J

text: v

text: Acton

text: U

text: S

text: Such

text: a

text: warrant

text: ensures

text: that

text: the

text: inferences

text: to

text: support

text: a

text: search

text: are

text: drawn

text: by

text: a

text: neutral

text: and

text: detached

text: magistrate

text: instead

text: of

text: being

text: judged

text: by

text: the

text: officer

text: engaged

text: in

text: the

text: often

text: competitive

text: enterprise

text: of

text: ferreting

text: out

text: crime

text: Johnson

text: v

text: United

text: States

text: U

text: S

text: In

text: the

text: absence

text: of

text: a

text: warrant

text: a

text: search

text: is

text: reasonable

text: only

text: if

text: it

text: falls

text: within

text: a

text: specific

text: exception

text: to

text: the

text: warrant

text: requirement

text: See

text: Kentucky

text: v

text: King

text: U

text: S

text: slip

text: op

text: at

text: The

text: two

text: cases

text: before

text: us

text: concern

text: the

text: reasonableness

text: of

text: a

text: warrantless

text: search

text: incident

text: to

text: a

text: lawful

text: arrest

text: In

text: this

text: Court

text: first

text: acknowledged

text: in

text: dictum

text: the

text: right

text: on

text: the

text: part

text: of

text: the

text: Government

text: always

text: recognized

text: under

text: English

text: and

text: American

text: law

text: to

text: search

text: the

text: person

text: of

text: the

text: accused

text: when

text: legally

text: arrested

text: to

text: discover

text: and

text: seize

text: the

text: fruits

text: or

text: evidences

text: of

text: crime

text: Weeks

text: v

text: United

text: States

text: U

text: S

text: Since

text: that

text: time

text: it

text: has

text: been

text: well

text: accepted

text: that

text: such

text: a

text: search

text: constitutes

text: an

text: exception

text: to

text: the

text: warrant

text: requirement

text: Indeed

text: the

text: label

text: exception

text: is

text: something

text: of

text: a

text: misnomer

text: in

text: this

text: context

text: as

text: warrantless

text: searches

text: incident

text: to

text: arrest

text: occur

text: with

text: far

text: greater

text: frequency

text: than

text: searches

text: conducted

text: pursuant

text: to

text: a

text: warrant

text: See

text: W

text: LaFave

text: Search

text: and

text: Seizure

text: b

text: p

text: and

text: n

text: th

text: ed

text: Although

text: the

text: existence

text: of

text: the

text: exception

text: for

text: such

text: searches

text: has

text: been

text: recognized

text: for

text: a

text: century

text: its

text: scope

text: has

text: been

text: de

text: bated

text: for

text: nearly

text: as

text: long

text: See

text: Arizona

text: v

text: Gant

text: U

text: S

text: noting

text: the

text: exception

text: s

text: checkered

text: his

text: tory

text: That

text: debate

text: has

text: focused

text: on

text: the

text: extent

text: to

text: which

text: officers

text: may

text: search

text: property

text: found

text: on

text: or

text: near

text: the

text: arrestee

text: Three

text: related

text: precedents

text: set

text: forth

text: the

text: rules

text: governing

text: such

text: searches

text: The

text: first

text: Chimel

text: v

text: California

text: U

text: S

text: laid

text: the

text: groundwork

text: for

text: most

text: of

text: the

text: existing

text: search

text: incident

text: to

text: arrest

text: doctrine

text: Police

text: officers

text: in

text: that

text: case

text: arrested

text: Chimel

text: inside

text: his

text: home

text: and

text: proceeded

text: to

text: search

text: his

text: entire

text: three

text: bedroom

text: house

text: including

text: the

text: attic

text: and

text: garage

text: In

text: particular

text: rooms

text: they

text: also

text: looked

text: through

text: the

text: contents

text: of

text: drawers

text: Id

text: at

text: The

text: Court

text: crafted

text: the

text: following

text: rule

text: for

text: assessing

text: the

text: reasonableness

text: of

text: a

text: search

text: incident

text: to

text: arrest

text: When

text: an

text: arrest

text: is

text: made

text: it

text: is

text: reasonable

text: for

text: the

text: arresting

text: officer

text: to

text: search

text: the

text: person

text: arrested

text: in

text: order

text: to

text: remove

text: any

text: weapons

text: that

text: the

text: latter

text: might

text: seek

text: to

text: use

text: in

text: order

text: to

text: resist

text: arrest

text: or

text: effect

text: his

text: escape

text: Otherwise

text: the

text: officer

text: s

text: safety

text: might

text: well

text: be

text: endangered

text: and

text: the

text: arrest

text: itself

text: frustrated

text: In

text: addition

text: it

text: is

text: entirely

text: reasonable

text: for

text: the

text: arresting

text: officer

text: to

text: search

text: for

text: and

text: seize

text: any

text: evidence

text: on

text: the

text: arrestee

text: s

text: person

text: in

text: order

text: to

text: prevent

text: its

text: concealment

text: or

text: destruction

text: There

text: is

text: ample

text: justification

text: therefore

text: for

text: a

text: search

text: of

text: the

text: arrestee

text: s

text: person

text: and

text: the

text: area

text: within

text: his

text: immediate

text: control

text: construing

text: that

text: phrase

text: to

text: mean

text: the

text: area

text: from

text: within

text: which

text: he

text: might

text: gain

text: possession

text: of

text: a

text: weapon

text: or

text: destructible

text: evidence

text: Id

text: at

text: The

text: extensive

text: warrantless

text: search

text: of

text: Chimel

text: s

text: home

text: did

text: not

text: fit

text: within

text: this

text: exception

text: because

text: it

text: was

text: not

text: needed

text: to

text: protect

text: officer

text: safety

text: or

text: to

text: preserve

text: evidence

text: Id

text: at

text: Four

text: years

text: later

text: in

text: United

text: States

text: v

text: Robinson

text: U

text: S

text: the

text: Court

text: applied

text: the

text: Chimel

text: analysis

text: in

text: the

text: context

text: of

text: a

text: search

text: of

text: the

text: arrestee

text: s

text: person

text: A

text: police

text: officer

text: had

text: arrested

text: Robinson

text: for

text: driving

text: with

text: a

text: revoked

text: license

text: The

text: officer

text: conducted

text: a

text: patdown

text: search

text: and

text: felt

text: an

text: object

text: that

text: he

text: could

text: not

text: identify

text: in

text: Robinson

text: s

text: coat

text: pocket

text: He

text: removed

text: the

text: object

text: which

text: turned

text: out

text: to

text: be

text: a

text: crumpled

text: cigarette

text: package

text: and

text: opened

text: it

text: Inside

text: were

text: capsules

text: of

text: heroin

text: Id

text: at

text: The

text: Court

text: of

text: Appeals

text: concluded

text: that

text: the

text: search

text: was

text: unreasonable

text: because

text: Robinson

text: was

text: unlikely

text: to

text: have

text: evidence

text: of

text: the

text: crime

text: of

text: arrest

text: on

text: his

text: person

text: and

text: because

text: it

text: believed

text: that

text: extracting

text: the

text: cigarette

text: package

text: and

text: opening

text: it

text: could

text: not

text: be

text: justified

text: as

text: part

text: of

text: a

text: protective

text: search

text: for

text: weapons

text: This

text: Court

text: reversed

text: rejecting

text: the

text: notion

text: that

text: case

text: by

text: case

text: adjudication

text: was

text: required

text: to

text: determine

text: whether

text: or

text: not

text: there

text: was

text: present

text: one

text: of

text: the

text: reasons

text: supporting

text: the

text: authority

text: for

text: a

text: search

text: of

text: the

text: person

text: incident

text: to

text: a

text: lawful

text: arrest

text: Id

text: at

text: As

text: the

text: Court

text: explained

text: t

text: he

text: authority

text: to

text: search

text: the

text: person

text: incident

text: to

text: a

text: lawful

text: custodial

text: arrest

text: while

text: based

text: upon

text: the

text: need

text: to

text: disarm

text: and

text: to

text: discover

text: evidence

text: does

text: not

text: depend

text: on

text: what

text: a

text: court

text: may

text: later

text: decide

text: was

text: the

text: probability

text: in

text: a

text: particular

text: arrest

text: situation

text: that

text: weapons

text: or

text: evidence

text: would

text: in

text: fact

text: be

text: found

text: upon

text: the

text: person

text: of

text: the

text: suspect

text: Ibid

text: Instead

text: a

text: custodial

text: arrest

text: of

text: a

text: suspect

text: based

text: on

text: probable

text: cause

text: is

text: a

text: reasonable

text: intrusion

text: under

text: the

text: Fourth

text: Amendment

text: that

text: intrusion

text: being

text: lawful

text: a

text: search

text: incident

text: to

text: the

text: arrest

text: requires

text: no

text: additional

text: justification

text: Ibid

text: The

text: Court

text: thus

text: concluded

text: that

text: the

text: search

text: of

text: Robinson

text: was

text: reasonable

text: even

text: though

text: there

text: was

text: no

text: concern

text: about

text: the

text: loss

text: of

text: evidence

text: and

text: the

text: arresting

text: officer

text: had

text: no

text: specific

text: concern

text: that

text: Robinson

text: might

text: be

text: armed

text: Id

text: at

text: In

text: doing

text: so

text: the

text: Court

text: did

text: not

text: draw

text: a

text: line

text: between

text: a

text: search

text: of

text: Robinson

text: s

text: person

text: and

text: a

text: further

text: examination

text: of

text: the

text: cigarette

text: pack

text: found

text: during

text: that

text: search

text: It

text: merely

text: noted

text: that

text: h

text: aving

text: in

text: the

text: course

text: of

text: a

text: lawful

text: search

text: come

text: upon

text: the

text: crumpled

text: package

text: of

text: cigarettes

text: the

text: officer

text: was

text: entitled

text: to

text: inspect

text: it

text: Ibid

text: A

text: few

text: years

text: later

text: the

text: Court

text: clarified

text: that

text: this

text: exception

text: was

text: limited

text: to

text: personal

text: property

text: immediately

text: associated

text: with

text: the

text: person

text: of

text: the

text: arrestee

text: United

text: States

text: v

text: Chadwick

text: U

text: S

text: pound

text: locked

text: footlocker

text: could

text: not

text: be

text: searched

text: incident

text: to

text: arrest

text: abrogated

text: on

text: other

text: grounds

text: by

text: California

text: v

text: Acevedo

text: U

text: S

text: The

text: search

text: incident

text: to

text: arrest

text: trilogy

text: concludes

text: with

text: Gant

text: which

text: analyzed

text: searches

text: of

text: an

text: arrestee

text: s

text: vehicle

text: Gant

text: like

text: Robinson

text: recognized

text: that

text: the

text: Chimel

text: concerns

text: for

text: officer

text: safety

text: and

text: evidence

text: preservation

text: underlie

text: the

text: search

text: incident

text: to

text: arrest

text: exception

text: See

text: U

text: S

text: at

text: As

text: a

text: result

text: the

text: Court

text: concluded

text: that

text: Chimel

text: could

text: authorize

text: police

text: to

text: search

text: a

text: vehicle

text: only

text: when

text: the

text: arrestee

text: is

text: unsecured

text: and

text: within

text: reaching

text: distance

text: of

text: the

text: passenger

text: compartment

text: at

text: the

text: time

text: of

text: the

text: search

text: U

text: S

text: at

text: Gant

text: added

text: however

text: an

text: independent

text: exception

text: for

text: a

text: warrantless

text: search

text: of

text: a

text: vehicle

text: s

text: passenger

text: compartment

text: when

text: it

text: is

text: reasonable

text: to

text: believe

text: evidence

text: relevant

text: to

text: the

text: crime

text: of

text: arrest

text: might

text: be

text: found

text: in

text: the

text: vehicle

text: Ibid

text: quoting

text: Thornton

text: v

text: United

text: States

text: U

text: S

text: Scalia

text: J

text: concurring

text: in

text: judgment

text: That

text: exception

text: stems

text: not

text: from

text: Chimel

text: the

text: Court

text: explained

text: but

text: from

text: circumstances

text: unique

text: to

text: the

text: vehicle

text: context

text: U

text: S

text: at

text: III

text: These

text: cases

text: require

text: us

text: to

text: decide

text: how

text: the

text: search

text: incident

text: to

text: arrest

text: doctrine

text: applies

text: to

text: modern

text: cell

text: phones

text: which

text: are

text: now

text: such

text: a

text: pervasive

text: and

text: insistent

text: part

text: of

text: daily

text: life

text: that

text: the

text: proverbial

text: visitor

text: from

text: Mars

text: might

text: conclude

text: they

text: were

text: an

text: important

text: feature

text: of

text: human

text: anatomy

text: A

text: smart

text: phone

text: of

text: the

text: sort

text: taken

text: from

text: Riley

text: was

text: unheard

text: of

text: ten

text: years

text: ago

text: a

text: significant

text: majority

text: of

text: American

text: adults

text: now

text: own

text: such

text: phones

text: See

text: A

text: Smith

text: Pew

text: Research

text: Center

text: Smartphone

text: Ownership

text: Update

text: June

text: Even

text: less

text: sophisticated

text: phones

text: like

text: Wurie

text: s

text: which

text: have

text: already

text: faded

text: in

text: popularity

text: since

text: Wurie

text: was

text: arrested

text: in

text: have

text: been

text: around

text: for

text: less

text: than

text: years

text: Both

text: phones

text: are

text: based

text: on

text: technology

text: nearly

text: inconceivable

text: just

text: a

text: few

text: decades

text: ago

text: when

text: Chimel

text: and

text: Robinson

text: were

text: decided

text: Absent

text: more

text: precise

text: guidance

text: from

text: the

text: founding

text: era

text: we

text: generally

text: determine

text: whether

text: to

text: exempt

text: a

text: given

text: type

text: of

text: search

text: from

text: the

text: warrant

text: requirement

text: by

text: assessing

text: on

text: the

text: one

text: hand

text: the

text: degree

text: to

text: which

text: it

text: intrudes

text: upon

text: an

text: individual

text: s

text: privacy

text: and

text: on

text: the

text: other

text: the

text: degree

text: to

text: which

text: it

text: is

text: needed

text: for

text: the

text: promotion

text: of

text: legitimate

text: governmental

text: interests

text: Wyoming

text: v

text: Houghton

text: U

text: S

text: Such

text: a

text: balancing

text: of

text: interests

text: supported

text: the

text: search

text: incident

text: to

text: arrest

text: exception

text: in

text: Robinson

text: and

text: a

text: mechanical

text: application

text: of

text: Robinson

text: might

text: well

text: support

text: the

text: warrantless

text: searches

text: at

text: issue

text: here

text: But

text: while

text: Robinson

text: s

text: categorical

text: rule

text: strikes

text: the

text: appropriate

text: balance

text: in

text: the

text: context

text: of

text: physical

text: objects

text: neither

text: of

text: its

text: rationales

text: has

text: much

text: force

text: with

text: respect

text: to

text: digital

text: content

text: on

text: cell

text: phones

text: On

text: the

text: government

text: interest

text: side

text: Robinson

text: concluded

text: that

text: the

text: two

text: risks

text: identified

text: in

text: Chimel

text: harm

text: to

text: officers

text: and

text: destruction

text: of

text: evidence

text: are

text: present

text: in

text: all

text: custodial

text: arrests

text: There

text: are

text: no

text: comparable

text: risks

text: when

text: the

text: search

text: is

text: of

text: digital

text: data

text: In

text: addition

text: Robinson

text: regarded

text: any

text: privacy

text: interests

text: retained

text: by

text: an

text: individual

text: after

text: arrest

text: as

text: significantly

text: diminished

text: by

text: the

text: fact

text: of

text: the

text: arrest

text: itself

text: Cell

text: phones

text: however

text: place

text: vast

text: quantities

text: of

text: personal

text: information

text: literally

text: in

text: the

text: hands

text: of

text: individuals

text: A

text: search

text: of

text: the

text: information

text: on

text: a

text: cell

text: phone

text: bears

text: little

text: resemblance

text: to

text: the

text: type

text: of

text: brief

text: physical

text: search

text: considered

text: in

text: Robinson

text: We

text: therefore

text: decline

text: to

text: extend

text: Robinson

text: to

text: searches

text: of

text: data

text: on

text: cell

text: phones

text: and

text: hold

text: instead

text: that

text: officers

text: must

text: generally

text: secure

text: a

text: warrant

text: before

text: conducting

text: such

text: a

text: search

text: A

text: We

text: first

text: consider

text: each

text: Chimel

text: concern

text: in

text: turn

text: In

text: doing

text: so

text: we

text: do

text: not

text: overlook

text: Robinson

text: s

text: admonition

text: that

text: searches

text: of

text: a

text: person

text: incident

text: to

text: arrest

text: while

text: based

text: upon

text: theneed

text: to

text: disarm

text: and

text: to

text: discover

text: evidence

text: are

text: reasonable

text: regardless

text: of

text: the

text: probability

text: in

text: a

text: particular

text: arrest

text: situation

text: that

text: weapons

text: or

text: evidence

text: would

text: in

text: fact

text: be

text: found

text: U

text: S

text: at

text: Rather

text: than

text: requiring

text: the

text: case

text: by

text: case

text: adjudication

text: that

text: Robinson

text: rejected

text: ibid

text: we

text: ask

text: instead

text: whether

text: application

text: of

text: the

text: search

text: incident

text: to

text: arrest

text: doctrine

text: to

text: this

text: particular

text: category

text: of

text: effects

text: would

text: untether

text: the

text: rule

text: from

text: the

text: justifications

text: underlying

text: the

text: Chimel

text: exception

text: Gant

text: supra

text: at

text: See

text: also

text: Knowles

text: v

text: Iowa

text: U

text: S

text: declining

text: to

text: extend

text: Robinson

text: to

text: the

text: issuance

text: of

text: citations

text: a

text: situation

text: where

text: the

text: concern

text: for

text: officer

text: safety

text: is

text: not

text: present

text: to

text: the

text: same

text: extent

text: and

text: the

text: concern

text: for

text: destruction

text: or

text: loss

text: of

text: evidence

text: is

text: not

text: present

text: at

text: all

text: Digital

text: data

text: stored

text: on

text: a

text: cell

text: phone

text: cannot

text: itself

text: be

text: used

text: as

text: a

text: weapon

text: to

text: harm

text: an

text: arresting

text: officer

text: or

text: to

text: effectuate

text: the

text: arrestee

text: s

text: escape

text: Law

text: enforcement

text: officers

text: remain

text: free

text: to

text: examine

text: the

text: physical

text: aspects

text: of

text: a

text: phone

text: to

text: ensure

text: that

text: it

text: will

text: not

text: be

text: used

text: as

text: a

text: weapon

text: say

text: to

text: determine

text: whether

text: there

text: is

text: a

text: razor

text: blade

text: hidden

text: between

text: the

text: phone

text: and

text: its

text: case

text: Once

text: an

text: officer

text: has

text: secured

text: a

text: phone

text: and

text: eliminated

text: any

text: potential

text: physical

text: threats

text: however

text: data

text: on

text: the

text: phone

text: can

text: endanger

text: no

text: one

text: Perhaps

text: the

text: same

text: might

text: have

text: been

text: said

text: of

text: the

text: cigarette

text: pack

text: seized

text: from

text: Robinson

text: s

text: pocket

text: Once

text: an

text: officer

text: gained

text: control

text: of

text: the

text: pack

text: it

text: was

text: unlikely

text: that

text: Robinson

text: could

text: have

text: accessed

text: the

text: pack

text: s

text: contents

text: But

text: unknown

text: physical

text: objects

text: may

text: always

text: pose

text: risks

text: no

text: matter

text: how

text: slight

text: during

text: the

text: tense

text: atmosphere

text: of

text: a

text: custodial

text: arrest

text: The

text: officer

text: in

text: Robinson

text: testified

text: that

text: he

text: could

text: not

text: identify

text: the

text: objects

text: in

text: the

text: cigarette

text: pack

text: but

text: knew

text: they

text: were

text: not

text: cigarettes

text: See

text: U

text: S

text: at

text: n

text: Given

text: that

text: a

text: further

text: search

text: was

text: a

text: reasonable

text: protective

text: measure

text: No

text: such

text: unknowns

text: exist

text: with

text: respect

text: to

text: digital

text: data

text: As

text: the

text: First

text: Circuit

text: explained

text: the

text: officers

text: who

text: searched

text: Wurie

text: s

text: cell

text: phone

text: knew

text: exactly

text: what

text: they

text: would

text: find

text: therein

text: data

text: They

text: also

text: knew

text: that

text: the

text: data

text: could

text: not

text: harm

text: them

text: F

text: d

text: at

text: The

text: United

text: States

text: and

text: California

text: both

text: suggest

text: that

text: a

text: search

text: of

text: cell

text: phone

text: data

text: might

text: help

text: ensure

text: officer

text: safety

text: in

text: more

text: indirect

text: ways

text: for

text: example

text: by

text: alerting

text: officers

text: that

text: confederates

text: of

text: the

text: arrestee

text: are

text: headed

text: to

text: the

text: scene

text: There

text: is

text: undoubtedly

text: a

text: strong

text: government

text: interest

text: in

text: warning

text: officers

text: about

text: such

text: possibilities

text: but

text: neither

text: the

text: United

text: States

text: nor

text: California

text: offers

text: evidence

text: to

text: suggest

text: that

text: their

text: concerns

text: are

text: based

text: on

text: actual

text: experience

text: The

text: proposed

text: consideration

text: would

text: also

text: represent

text: a

text: broadening

text: of

text: Chimel

text: s

text: concern

text: that

text: an

text: arrestee

text: himself

text: might

text: grab

text: a

text: weapon

text: and

text: use

text: it

text: against

text: an

text: officer

text: to

text: resist

text: arrest

text: or

text: effect

text: his

text: escape

text: U

text: S

text: at

text: And

text: any

text: such

text: threats

text: from

text: outside

text: the

text: arrest

text: scene

text: do

text: not

text: lurk

text: in

text: all

text: custodial

text: arrests

text: Chadwick

text: U

text: S

text: at

text: Accordingly

text: the

text: interest

text: in

text: protecting

text: officer

text: safety

text: does

text: not

text: justify

text: dispensing

text: with

text: the

text: warrant

text: requirement

text: across

text: the

text: board

text: To

text: the

text: extent

text: dangers

text: to

text: arresting

text: officers

text: may

text: be

text: implicated

text: in

text: a

text: particular

text: way

text: in

text: a

text: particular

text: case

text: they

text: are

text: better

text: addressed

text: through

text: consideration

text: of

text: case

text: specific

text: exceptions

text: to

text: the

text: warrant

text: requirement

text: such

text: as

text: the

text: one

text: for

text: exigent

text: circumstances

text: See

text: e

text: g

text: Warden

text: Md

text: Penitentiary

text: v

text: Hayden

text: U

text: S

text: The

text: Fourth

text: Amendment

text: does

text: not

text: require

text: police

text: officers

text: to

text: delay

text: in

text: the

text: course

text: of

text: an

text: investigation

text: if

text: to

text: do

text: so

text: would

text: gravely

text: endanger

text: their

text: lives

text: or

text: the

text: lives

text: of

text: others

text: The

text: United

text: States

text: and

text: California

text: focus

text: primarily

text: on

text: the

text: second

text: Chimel

text: rationale

text: preventing

text: the

text: destruction

text: of

text: evidence

text: Both

text: Riley

text: and

text: Wurie

text: concede

text: that

text: officers

text: could

text: have

text: seized

text: and

text: secured

text: their

text: cell

text: phones

text: to

text: prevent

text: destruction

text: of

text: evidence

text: while

text: seeking

text: a

text: warrant

text: See

text: Brief

text: for

text: Petitioner

text: in

text: No

text: p

text: Brief

text: for

text: Respondent

text: in

text: No

text: p

text: That

text: is

text: a

text: sensible

text: concession

text: See

text: Illinois

text: v

text: McArthur

text: U

text: S

text: Chadwick

text: supra

text: at

text: and

text: n

text: And

text: once

text: law

text: enforcement

text: officers

text: have

text: secured

text: a

text: cell

text: phone

text: there

text: is

text: no

text: longer

text: any

text: risk

text: that

text: the

text: arrestee

text: himself

text: will

text: be

text: able

text: to

text: delete

text: incriminating

text: data

text: from

text: the

text: phone

text: The

text: United

text: States

text: and

text: California

text: argue

text: that

text: information

text: on

text: a

text: cell

text: phone

text: may

text: nevertheless

text: be

text: vulnerable

text: to

text: two

text: types

text: of

text: evidence

text: destruction

text: unique

text: to

text: digital

text: data

text: remote

text: wiping

text: and

text: data

text: encryption

text: Remote

text: wiping

text: occurs

text: when

text: a

text: phone

text: connected

text: to

text: a

text: wireless

text: network

text: receives

text: a

text: signal

text: that

text: erases

text: stored

text: data

text: This

text: can

text: happen

text: when

text: a

text: third

text: party

text: sends

text: a

text: remote

text: signal

text: or

text: when

text: a

text: phone

text: is

text: preprogrammed

text: to

text: delete

text: data

text: upon

text: entering

text: or

text: leaving

text: certain

text: geographic

text: areas

text: so

text: called

text: geofencing

text: See

text: Dept

text: of

text: Commerce

text: National

text: Institute

text: of

text: Standards

text: and

text: Technology

text: R

text: Ayers

text: S

text: Brothers

text: W

text: Jansen

text: Guidelines

text: on

text: Mobile

text: Device

text: Forensics

text: Draft

text: SP

text: Rev

text: Sept

text: hereinafter

text: Ayers

text: Encryption

text: is

text: a

text: security

text: feature

text: that

text: some

text: modern

text: cell

text: phones

text: use

text: in

text: addition

text: to

text: password

text: protection

text: When

text: such

text: phones

text: lock

text: data

text: becomes

text: protected

text: by

text: sophisticated

text: encryption

text: that

text: renders

text: a

text: phone

text: all

text: but

text: unbreakable

text: unless

text: police

text: know

text: the

text: password

text: Brief

text: for

text: United

text: States

text: as

text: Amicus

text: Curiae

text: in

text: No

text: p

text: As

text: an

text: initial

text: matter

text: these

text: broader

text: concerns

text: about

text: the

text: loss

text: of

text: evidence

text: are

text: distinct

text: from

text: Chimel

text: s

text: focus

text: on

text: a

text: defendant

text: who

text: responds

text: to

text: arrest

text: by

text: trying

text: to

text: conceal

text: or

text: destroy

text: evidence

text: within

text: his

text: reach

text: See

text: U

text: S

text: at

text: With

text: respect

text: to

text: remote

text: wiping

text: the

text: Government

text: s

text: primary

text: concern

text: turns

text: on

text: the

text: actions

text: of

text: third

text: parties

text: who

text: are

text: not

text: present

text: at

text: the

text: scene

text: of

text: arrest

text: And

text: data

text: encryption

text: is

text: even

text: further

text: afield

text: There

text: the

text: Government

text: focuses

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text: book

text: and

text: so

text: on

text: See

text: id

text: at

text: United

text: States

text: v

text: Flores

text: Lopez

text: F

text: d

text: CA

text: We

text: expect

text: that

text: the

text: gulf

text: between

text: physical

text: practicability

text: and

text: digital

text: capacity

text: will

text: only

text: continue

text: to

text: widen

text: in

text: the

text: future

text: The

text: storage

text: capacity

text: of

text: cell

text: phones

text: has

text: several

text: interrelated

text: consequences

text: for

text: privacy

text: First

text: a

text: cell

text: phone

text: collects

text: in

text: one

text: place

text: many

text: distinct

text: types

text: of

text: information

text: an

text: address

text: a

text: note

text: a

text: prescription

text: a

text: bank

text: statement

text: a

text: video

text: that

text: reveal

text: much

text: more

text: in

text: combination

text: than

text: any

text: isolated

text: record

text: Second

text: a

text: cell

text: phone

text: s

text: capacity

text: allows

text: even

text: just

text: one

text: type

text: of

text: information

text: to

text: convey

text: far

text: more

text: than

text: previously

text: possible

text: The

text: sum

text: of

text: an

text: individual

text: s

text: private

text: life

text: can

text: be

text: reconstructed

text: through

text: a

text: thousand

text: photographs

text: labeled

text: with

text: dates

text: locations

text: and

text: descriptions

text: the

text: same

text: cannot

text: be

text: said

text: of

text: a

text: photograph

text: or

text: two

text: of

text: loved

text: ones

text: tucked

text: into

text: a

text: wallet

text: Third

text: the

text: data

text: on

text: a

text: phone

text: can

text: date

text: back

text: to

text: the

text: purchase

text: of

text: the

text: phone

text: or

text: even

text: earlier

text: A

text: person

text: might

text: carry

text: in

text: his

text: pocket

text: a

text: slip

text: of

text: paper

text: reminding

text: him

text: to

text: call

text: Mr

text: Jones

text: he

text: would

text: not

text: carry

text: a

text: record

text: of

text: all

text: his

text: communications

text: with

text: Mr

text: Jones

text: for

text: the

text: past

text: several

text: months

text: as

text: would

text: routinely

text: be

text: kept

text: on

text: a

text: phone

text: Finally

text: there

text: is

text: an

text: element

text: of

text: pervasiveness

text: that

text: characterizes

text: cell

text: phones

text: but

text: not

text: physical

text: records

text: Prior

text: to

text: the

text: digital

text: age

text: people

text: did

text: not

text: typically

text: carry

text: a

text: cache

text: of

text: sensitive

text: personal

text: information

text: with

text: them

text: as

text: they

text: went

text: about

text: their

text: day

text: Now

text: it

text: is

text: the

text: person

text: who

text: is

text: not

text: carrying

text: a

text: cell

text: phone

text: with

text: all

text: that

text: it

text: contains

text: who

text: is

text: the

text: exception

text: According

text: to

text: one

text: poll

text: nearly

text: three

text: quarters

text: of

text: smart

text: phone

text: users

text: report

text: being

text: within

text: five

text: feet

text: of

text: their

text: phones

text: most

text: of

text: the

text: time

text: with

text: admitting

text: that

text: they

text: even

text: use

text: their

text: phones

text: in

text: the

text: shower

text: See

text: Harris

text: Interactive

text: Mobile

text: Consumer

text: Habits

text: Study

text: June

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text: decade

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text: police

text: officers

text: searching

text: an

text: arrestee

text: might

text: have

text: occasionally

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text: across

text: a

text: highly

text: personal

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text: as

text: a

text: diary

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text: States

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text: those

text: discoveries

text: were

text: likely

text: to

text: be

text: few

text: and

text: far

text: between

text: Today

text: by

text: contrast

text: it

text: is

text: no

text: exaggeration

text: to

text: say

text: that

text: many

text: of

text: the

text: more

text: than

text: of

text: American

text: adults

text: who

text: own

text: a

text: cell

text: phone

text: keep

text: on

text: their

text: person

text: a

text: digital

text: record

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text: nearly

text: every

text: aspect

text: of

text: their

text: lives

text: from

text: the

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text: intimate

text: See

text: Ontario

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text: U

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text: the

text: police

text: to

text: scrutinize

text: such

text: records

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text: a

text: routine

text: basis

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text: different

text: from

text: allowing

text: them

text: to

text: search

text: a

text: personal

text: item

text: or

text: two

text: in

text: the

text: occasional

text: case

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text: the

text: data

text: stored

text: on

text: a

text: cell

text: phone

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text: distinguished

text: from

text: physical

text: records

text: by

text: quantity

text: alone

text: certain

text: types

text: of

text: data

text: are

text: also

text: qualitatively

text: different

text: An

text: Internet

text: search

text: and

text: browsing

text: history

text: for

text: example

text: can

text: be

text: found

text: on

text: an

text: Internet

text: enabled

text: phone

text: and

text: could

text: reveal

text: an

text: individual

text: s

text: private

text: interests

text: or

text: concerns

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text: a

text: search

text: for

text: certain

text: symptoms

text: of

text: disease

text: coupled

text: with

text: frequent

text: visits

text: to

text: WebMD

text: Data

text: on

text: a

text: cell

text: phone

text: can

text: also

text: reveal

text: where

text: a

text: person

text: has

text: been

text: Historic

text: location

text: information

text: is

text: a

text: stand

text: ard

text: feature

text: on

text: many

text: smart

text: phones

text: and

text: can

text: reconstruct

text: someone

text: s

text: specific

text: movements

text: down

text: to

text: the

text: minute

text: not

text: only

text: around

text: town

text: but

text: also

text: within

text: a

text: particular

text: building

text: See

text: United

text: States

text: v

text: Jones

text: U

text: S

text: Sotomayor

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text: concurring

text: slip

text: op

text: at

text: GPS

text: monitoring

text: generates

text: a

text: precise

text: comprehensive

text: record

text: of

text: a

text: person

text: s

text: public

text: movements

text: that

text: reflects

text: a

text: wealth

text: of

text: detail

text: about

text: her

text: familial

text: political

text: professional

text: religious

text: and

text: sexual

text: associations

text: Mobile

text: application

text: software

text: on

text: a

text: cell

text: phone

text: or

text: apps

text: offer

text: a

text: range

text: of

text: tools

text: for

text: managing

text: detailed

text: information

text: about

text: all

text: aspects

text: of

text: a

text: person

text: s

text: life

text: There

text: are

text: apps

text: for

text: Democratic

text: Party

text: news

text: and

text: Republican

text: Party

text: news

text: apps

text: for

text: alcohol

text: drug

text: and

text: gambling

text: addictions

text: apps

text: for

text: sharing

text: prayer

text: requests

text: apps

text: for

text: tracking

text: pregnancy

text: symptoms

text: apps

text: for

text: planning

text: your

text: budget

text: apps

text: for

text: every

text: conceivable

text: hobby

text: or

text: pastime

text: apps

text: for

text: improving

text: your

text: romantic

text: life

text: There

text: are

text: popular

text: apps

text: for

text: buying

text: or

text: selling

text: just

text: about

text: anything

text: and

text: the

text: records

text: of

text: such

text: transactions

text: may

text: be

text: accessible

text: on

text: the

text: phone

text: indefinitely

text: There

text: are

text: over

text: a

text: million

text: apps

text: available

text: in

text: each

text: of

text: the

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text: major

text: app

text: stores

text: the

text: phrase

text: there

text: s

text: an

text: app

text: for

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text: is

text: now

text: part

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text: the

text: popular

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text: average

text: smart

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text: installed

text: apps

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text: together

text: can

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text: the

text: user

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text: life

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text: observed

text: in

text: an

text: opinion

text: later

text: quoted

text: in

text: Chimel

text: that

text: it

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text: a

text: totally

text: different

text: thing

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text: search

text: a

text: man

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text: pockets

text: and

text: use

text: against

text: him

text: what

text: they

text: contain

text: from

text: ransacking

text: his

text: house

text: for

text: everything

text: which

text: may

text: incriminate

text: him

text: United

text: States

text: v

text: Kirschenblatt

text: F

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text: his

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text: a

text: cell

text: phone

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text: that

text: is

text: no

text: longer

text: true

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text: a

text: cell

text: phone

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text: typically

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text: to

text: the

text: government

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text: the

text: most

text: exhaustive

text: search

text: of

text: a

text: house

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text: phone

text: not

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text: contains

text: in

text: digital

text: form

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text: sensitive

text: records

text: previ

text: ously

text: found

text: in

text: the

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text: it

text: also

text: contains

text: a

text: broad

text: array

text: of

text: private

text: information

text: never

text: found

text: in

text: a

text: home

text: in

text: any

text: form

text: unless

text: the

text: phone

text: is

text: To

text: further

text: complicate

text: the

text: scope

text: of

text: the

text: privacy

text: interests

text: at

text: stake

text: the

text: data

text: a

text: user

text: views

text: on

text: many

text: modern

text: cell

text: phones

text: may

text: not

text: in

text: fact

text: be

text: stored

text: on

text: the

text: device

text: itself

text: Treating

text: a

text: cell

text: phone

text: as

text: a

text: container

text: whose

text: contents

text: may

text: be

text: searched

text: incident

text: to

text: an

text: arrest

text: is

text: a

text: bit

text: strained

text: as

text: an

text: initial

text: matter

text: See

text: New

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text: a

text: container

text: as

text: any

text: object

text: capable

text: of

text: holding

text: another

text: object

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text: the

text: analogy

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text: a

text: cell

text: phone

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text: used

text: to

text: access

text: data

text: located

text: elsewhere

text: at

text: the

text: tap

text: of

text: a

text: screen

text: That

text: is

text: what

text: cell

text: phones

text: with

text: increasing

text: frequency

text: are

text: designed

text: to

text: do

text: by

text: taking

text: advantage

text: of

text: cloud

text: computing

text: Cloud

text: computing

text: is

text: the

text: capacity

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text: Internet

text: connected

text: devices

text: to

text: display

text: data

text: stored

text: on

text: remote

text: servers

text: rather

text: than

text: on

text: the

text: device

text: itself

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text: phone

text: users

text: often

text: may

text: not

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text: whether

text: particular

text: information

text: is

text: stored

text: on

text: the

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text: the

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text: little

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text: be

text: stored

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text: one

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text: and

text: in

text: the

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text: another

text: The

text: United

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text: concedes

text: that

text: the

text: search

text: incident

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text: arrest

text: exception

text: may

text: not

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text: stretched

text: to

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text: a

text: search

text: of

text: files

text: accessed

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text: a

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text: of

text: files

text: stored

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text: search

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text: key

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text: that

text: it

text: allowed

text: law

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text: officers

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text: the

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text: from

text: the

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text: the

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text: recognizes

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text: sev

text: eral

text: reasons

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text: suppose

text: evidence

text: of

text: just

text: about

text: any

text: crime

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text: be

text: found

text: on

text: a

text: cell

text: phone

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text: an

text: individual

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text: over

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text: something

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text: basic

text: as

text: speeding

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text: locational

text: data

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text: guilt

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text: his

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text: individual

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text: the

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text: standard

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text: cell

text: phones

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text: effect

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text: police

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text: discretion

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text: rummage

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text: will

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text: person

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text: effects

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text: United

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text: cell

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text: the

text: court

text: of

text: appeal

text: of

text: cali

text: fornia

text: fourth

text: appellate

text: district

text: division

text: one

text: UNITED

text: STATES

text: PETITIONER

text: v

text: BRIMA

text: WURIE

text: on

text: writ

text: of

text: certiorari

text: to

text: the

text: united

text: states

text: court

text: of

text: appeals

text: for

text: the

text: first

text: circuit

text: June

text: Justice

text: Alito

text: concurring

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text: part

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text: concurring

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text: the

text: judgment

text: I

text: agree

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text: the

text: Court

text: that

text: law

text: enforcement

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text: in

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text: a

text: lawful

text: search

text: incident

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text: arrest

text: must

text: generally

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text: a

text: warrant

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text: searching

text: information

text: stored

text: or

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text: a

text: cell

text: phone

text: I

text: write

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text: two

text: points

text: I

text: A

text: First

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text: convinced

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text: this

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text: ancient

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text: destruction

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text: Cf

text: ante

text: at

text: This

text: rule

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text: adoption

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text: Fourth

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text: at

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text: a

text: century

text: See

text: T

text: Clancy

text: The

text: Fourth

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text: History

text: and

text: Interpretation

text: T

text: Taylor

text: Two

text: Studies

text: in

text: Constitutional

text: Interpretation

text: Amar

text: Fourth

text: Amendment

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text: Principles

text: Harv

text: L

text: Rev

text: In

text: Weeks

text: v

text: United

text: States

text: U

text: S

text: we

text: held

text: that

text: the

text: Fourth

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text: did

text: not

text: disturb

text: this

text: rule

text: See

text: also

text: Taylor

text: supra

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text: Stuntz

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text: Substantive

text: Origins

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text: Criminal

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text: L

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text: arrested

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text: well

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text: the

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text: primarily

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text: the

text: need

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text: the

text: destruction

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text: the

text: contrary

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text: pre

text: Weeks

text: authorities

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text: basis

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text: rule

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text: lawful

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text: dence

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text: O

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text: P

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text: e

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text: justice

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text: S

text: W

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text: trial

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text: offense

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text: defendant

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text: J

text: Bishop

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text: Procedure

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text: ed

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text: person

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text: his

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text: reason

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text: fruits

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text: the

text: instruments

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text: ultimately

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text: rule

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text: the

text: need

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text: vation

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text: rule

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text: well

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text: scope

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text: has

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text: person

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text: used

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text: an

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text: idea

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text: the

text: sole

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text: allowing

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text: warrantless

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text: arrest

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text: to

text: derive

text: from

text: the

text: Court

text: s

text: reasoning

text: in

text: Chimel

text: v

text: California

text: U

text: S

text: a

text: case

text: that

text: involved

text: the

text: lawfulness

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text: a

text: search

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text: the

text: scene

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text: arrest

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text: the

text: person

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text: Chimel

text: s

text: reasoning

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text: see

text: Arizona

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text: Gant

text: U

text: S

text: Alito

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text: dissenting

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text: I

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text: a

text: mistake

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text: Despite

text: my

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text: the

text: point

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text: rule

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text: search

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text: cell

text: phone

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text: cell

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text: use

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text: a

text: quantity

text: of

text: information

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text: highly

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text: no

text: person

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text: ever

text: have

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text: calls

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text: balancing

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text: law

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text: Court

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text: balance

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text: privacy

text: interests

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text: all

text: cell

text: phones

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text: all

text: information

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text: in

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text: approach

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text: example

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text: Court

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text: broad

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text: information

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text: digital

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text: information

text: in

text: hard

text: copy

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text: Suppose

text: that

text: two

text: suspects

text: are

text: arrested

text: Suspect

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text: has

text: in

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text: pocket

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text: monthly

text: bill

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text: land

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text: the

text: bill

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text: an

text: incriminating

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text: to

text: a

text: long

text: distance

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text: also

text: has

text: in

text: his

text: a

text: wallet

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text: few

text: snapshots

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text: one

text: of

text: these

text: is

text: incriminating

text: Suspect

text: number

text: two

text: has

text: in

text: his

text: pocket

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text: cell

text: phone

text: the

text: call

text: log

text: of

text: which

text: shows

text: a

text: call

text: to

text: the

text: same

text: incriminating

text: number

text: In

text: addition

text: a

text: number

text: of

text: photos

text: are

text: stored

text: in

text: the

text: memory

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text: the

text: cell

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text: one

text: of

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text: is

text: incriminating

text: Under

text: established

text: law

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text: police

text: may

text: seize

text: and

text: examine

text: the

text: phone

text: bill

text: and

text: the

text: snapshots

text: in

text: the

text: wallet

text: without

text: obtaining

text: a

text: warrant

text: but

text: under

text: the

text: Court

text: s

text: holding

text: today

text: the

text: information

text: stored

text: in

text: the

text: cell

text: phone

text: is

text: out

text: While

text: the

text: Court

text: s

text: approach

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text: to

text: anomalies

text: I

text: do

text: not

text: see

text: a

text: workable

text: alternative

text: Law

text: enforcement

text: officers

text: need

text: clear

text: rules

text: regarding

text: searches

text: incident

text: to

text: arrest

text: and

text: it

text: would

text: take

text: many

text: cases

text: and

text: many

text: years

text: for

text: the

text: courts

text: to

text: develop

text: more

text: nuanced

text: rules

text: And

text: during

text: that

text: time

text: the

text: nature

text: of

text: the

text: electronic

text: devices

text: that

text: ordinary

text: Americans

text: carry

text: on

text: their

text: persons

text: would

text: continue

text: to

text: change

text: II

text: This

text: brings

text: me

text: to

text: my

text: second

text: point

text: While

text: I

text: agree

text: with

text: the

text: holding

text: of

text: the

text: Court

text: I

text: would

text: reconsider

text: the

text: question

text: presented

text: here

text: if

text: either

text: Congress

text: or

text: state

text: legislatures

text: after

text: assessing

text: the

text: legitimate

text: needs

text: of

text: law

text: enforcement

text: and

text: the

text: privacy

text: interests

text: of

text: cell

text: phone

text: owners

text: enact

text: legislation

text: that

text: draws

text: reasonable

text: distinctions

text: based

text: on

text: categories

text: of

text: information

text: or

text: perhaps

text: other

text: variables

text: The

text: regulation

text: of

text: electronic

text: surveillance

text: provides

text: an

text: instructive

text: example

text: After

text: this

text: Court

text: held

text: that

text: electronic

text: surveillance

text: constitutes

text: a

text: search

text: even

text: when

text: no

text: property

text: interest

text: is

text: invaded

text: see

text: Katz

text: v

text: United

text: States

text: U

text: S

text: Congress

text: responded

text: by

text: enacting

text: Title

text: III

text: of

text: the

text: Omnibus

text: Crime

text: Control

text: and

text: Safe

text: Streets

text: Act

text: of

text: Stat

text: See

text: also

text: U

text: S

text: C

text: et

text: seq

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text: that

text: time

text: electronic

text: surveillance

text: has

text: been

text: governed

text: primarily

text: not

text: by

text: decisions

text: of

text: this

text: Court

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text: by

text: the

text: stat

text: ute

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text: imposes

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text: restrictions

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text: electronic

text: surveillance

text: See

text: ibid

text: Modern

text: cell

text: phones

text: are

text: of

text: great

text: value

text: for

text: both

text: lawful

text: and

text: unlawful

text: purposes

text: They

text: can

text: be

text: used

text: in

text: committing

text: many

text: serious

text: crimes

text: and

text: they

text: present

text: new

text: and

text: difficult

text: law

text: enforcement

text: problems

text: See

text: Brief

text: for

text: United

text: States

text: in

text: No

text: pp

text: At

text: the

text: same

text: time

text: because

text: of

text: the

text: role

text: that

text: these

text: devices

text: have

text: come

text: to

text: play

text: in

text: contemporary

text: life

text: searching

text: their

text: contents

text: implicates

text: very

text: sensitive

text: privacy

text: interests

text: that

text: this

text: Court

text: is

text: poorly

text: positioned

text: to

text: understand

text: and

text: evaluate

text: Many

text: forms

text: of

text: modern

text: technology

text: are

text: making

text: it

text: easier

text: and

text: easier

text: for

text: both

text: government

text: and

text: private

text: entities

text: to

text: amass

text: a

text: wealth

text: of

text: information

text: about

text: the

text: lives

text: of

text: ordinary

text: Americans

text: and

text: at

text: the

text: same

text: time

text: many

text: ordinary

text: Americans

text: are

text: choosing

text: to

text: make

text: public

text: much

text: information

text: that

text: was

text: seldom

text: revealed

text: to

text: outsiders

text: just

text: a

text: few

text: decades

text: ago

text: In

text: light

text: of

text: these

text: developments

text: it

text: would

text: be

text: very

text: unfortunate

text: if

text: privacy

text: protection

text: in

text: the

text: st

text: century

text: were

text: left

text: primarily

text: to

text: the

text: federal

text: courts

text: using

text: the

text: blunt

text: instrument

text: of

text: the

text: Fourth

text: Amendment

text: Legislatures

text: elected

text: by

text: the

text: people

text: are

text: in

text: a

text: better

text: position

text: than

text: we

text: are

text: to

text: assess

text: and

text: respond

text: to

text: the

text: changes

text: that

text: have

text: already

text: occurred

text: and

text: those

text: that

text: almost

text: certainly

text: will

text: take

text: place

text: in

text: the

text: future

text: Notes

text: Cf

text: Hill

text: v

text: California

text: U

text: S

text: and

text: n

text: diary

text: Marron

text: v

text: United

text: States

text: U

text: S

text: ledgerand

text: bills

text: Gouled

text: v

text: United

text: States

text: U

text: S

text: overruled

text: on

text: other

text: grounds

text: Warden

text: Md

text: Penitentiary

text: v

text: Hayden

text: U

text: S

text: papers

text: see

text: United

text: States

text: v

text: Rodriguez

text: F

text: d

text: CA

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text: book

text: United

text: States

text: v

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text: Mata

text: F

text: d

text: CA

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text: United

text: States

text: v

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text: F

text: d

text: CA

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text: United

text: States

text: v

text: Richardson

text: F

text: d

text: CA

text: wallet

text: and

text: papers

text: United

text: States

text: v

text: Watson

text: F

text: d

text: CA

text: documents

text: found

text: in

text: a

text: wallet

text: United

text: States

text: v

text: Castro

text: F

text: d

text: CA

text: cert

text: denied

text: U

text: S

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text: found

text: in

text: a

text: pocket

text: United

text: States

text: v

text: Jeffers

text: F

text: d

text: CA

text: three

text: notebooks

text: and

text: meeting

text: minutes

text: Bozel

text: v

text: Hudspeth

text: F

text: d

text: CA

text: papers

text: circulars

text: advertising

text: matter

text: memoranda

text: containing

text: various

text: names

text: and

text: addresses

text: United

text: States

text: v

text: Park

text: Avenue

text: Pharmacy

text: F

text: d

text: CA

text: numerous

text: prescriptions

text: blanks

text: and

text: a

text: check

text: book

text: See

text: also

text: W

text: LaFave

text: Search

text: and

text: Seizure

text: c

text: p

text: th

text: ed

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text: courts

text: in

text: applying

text: Robinson

text: have

text: deemed

text: evidentiary

text: searches

text: of

text: an

text: arrested

text: person

text: to

text: be

text: virtually

text: unlimited

text: W

text: Cuddihy

text: FourthAmendment

text: Origins

text: and

text: Original

text: Meaning

text: in

text: the

text: pre

text: Constitution

text: colonial

text: era

text: a

text: nyone

text: arrested

text: could

text: expect

text: that

text: not

text: only

text: his

text: surface

text: clothing

text: but

text: his

text: body

text: luggage

text: and

text: saddlebags

text: would

text: be

text: searched