Go to the Illinois State Bar Association Website and read the article titled, “U.S. Supreme Court Says ‘No’ to Cell-Phone Searches Incident to Arrest” located at http://www.isba.org/ibj/2014/09/ussupremecourtsays%E2%80%98no%E2%80%99cell-phonesea. Examine the court’s decision as it relates to cell phone searches incident to arrest. Based on all available information, agree or disagree with the court’s decision. Provide a rationale for your response.
Compare and contrast vehicle searches and inventories and indicate the most important differences between the two (2) as they relate to law enforcement officers. In your own opinion, do you feel that law enforcement officers should be allowed to conduct vehicle inventories without warrants issued by judges? Provide a rationale for your response.
RESPOND TO THE FOLLOWING STATEMENT:
As far as cell phone searches, I think it is a violation of our rights and there should be a warrant to search someone’s phone. It contains personal data, and a lot of time, people have private photos and information that doesn’t even pertain to an investigation. It is a violation of our privacy. If the police feel they will find sufficient evidence in the phone, they should bring it to a judge to decide on a warrant to search or not.
Inventories happen when a vehicle is impounded, the police then search the car without a warrant for evidence. Vehicle searches can happen in many ways, if someone gets pulled over and gives consent, if someone gets pulled over and an officer sees something in the car, or if they have a warrant to search the car. The most important difference between the two is one may require a warrant and the other does not. As far as vehicle inventories I do think police should be able to search without a warrant from the judge. These cars are placed in police impound lots and the safety of those that work there needs to be ensured by making sure there is nothing in the vehicle. A lot of cars that are impounded are apart of an investigation as well, and police are required to search for evidence.