Traverse City Record-Eagle

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June 27, 2014

Court cellphone decision shocking one

This week’s Supreme Court decision requiring search warrants before police seize cellphones came as a shock.

It wasn’t the ruling itself that surprised. To the contrary, we viewed it as perfectly appropriate.

Rather, the shocking part was the fact the court ruled 9-0 in the case. We can’t remember the last time the court issued a unanimous ruling on such an important matter.

And this is important. As Chief Justice John Roberts said in writing for the court, “Modern cellphones are not just another technological convenience. With all they contain and all they reveal, they hold for many Americans the privacies of life.”

Consider, for a moment, what’s on your cellphone or those owned by people you know. It’s not just telephone numbers. It’s not just messages and texts. It’s not just personal photos.

Today’s cellphones may contain information on all aspects of the personal lives of owners. Smartphones will hold data on websites visited, passwords, emails and items purchased. They are not simply innocuous objects people happen to have in their pockets.

Would you or anyone else want all this information collected by the government?

This is why we wonder how there was ever any question law enforcement would need a warrant to confiscate and examine the contents of a cellphone. It’s so obviously the sort of search and seizure that requires a warrant, as outlined by the Constitution’s Fourth Amendment.

In his ruling, Roberts noted that prohibiting automatic searches of cellphones could hamper law enforcement. But as he pointed out, “Privacy comes at a cost.”

America, as a society, long ago determined that individual freedom and liberty, free of the prying eyes of authority, is a value worth protecting.

And while police may encounter roadblocks in their investigations because of this ruling, it’s hardly a death knell for effective law enforcement. Officers still can obtain warrants to search cellphones if they have probable cause.

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