Cell Phone Warrants (H 5180, S 0291)

The ACLU testified in support of legislation barring law enforcement from searching the contents of a cell phone without first obtaining a warrant.  As cell phone technology has advanced, the devices we carry on a daily basis have begun to carry substantial amounts of personal information, including e-mails, photos, and records of where we have traveled.  In 2012, the General Assembly overwhelmingly passed this legislation but Governor Chafee unexpectedly vetoed the bill.  This year, the General Assembly failed to move this legislation out of committee, even though police officials acknowledged that it is a law enforcement best practice to seek a warrant prior to searching a cell phone. Fortunately, the courts stepped in this year: the U.S. Court of Appeals for the First Circuit, which covers Rhode Island, recently ruled that the Fourth Amendment requires a warrant before police can search the content of arrestees’ cell phones, making the General Assembly’s refusal to re-approve the bill even more unjustifiable.