NCJ Number
226227
Journal
FBI Law Enforcement Bulletin Volume: 78 Issue: 2 Dated: February 2009 Pages: 25-32
Date Published
February 2009
Length
8 pages
Annotation
This article addresses the legal authority for an officer to search a cell phone incident to arrest.
Abstract
The weight of the case law supports the warrantless retrieval of text messages, call histories, and stored numbers, as well as names and addresses from a cell phone seized if the information is gathered at a not too remote time and distance from the point of apprehension. However, given the uncertainty in opinion, officers should consult with the appropriate prosecutor’s office to determine if case law in their jurisdiction follows recent court decisions. Technology and the law in this area are still developing. Recognizing this uncertainty, officers may find that erring on the side of caution and securing a warrant when practicable is in the best interests of the investigation. It is the rare arrestee today who is not found in possession of a cell phone. These cell phones perform multiple functions, such as phone capability, texting, emailing, and Internet browsing, and have the potential in containing much more information than could be found within items historically searched incident to arrest. 36 endnotes