{"id":5495,"date":"2011-04-29T12:59:16","date_gmt":"2011-04-29T12:59:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-04-29T12:59:16","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5495","title":{"rendered":"Law.com: “Courts Struggle With Police Searches of Smartphones”"},"content":{"rendered":"

On Law.com: Courts Struggle With Police Searches of Smartphones<\/a> by Joshua Engel:<\/p>\n

In most states, police can arrest people for minor offenses, including traffic offenses punishable only by a fine. In 2001, the U.S. Supreme Court upheld the ability of police in Texas to arrest a woman for failure to wear a seat belt after she was stopped while driving her two children home from soccer practice. Atwater v. Lago Vista, 532 U.S. 318 (2001).<\/p>\n

In the Atwater case, the woman was handcuffed and driven to the police station where she was booked and photographed. Her car was inventoried and towed. She ended up paying a $50 fine. Had the arrest in the Texas case happened today, the police could also likely have searched through her cell phone. This means, if she had a smartphone such as iPhone or Android, the police could search through all of her text messages, photos, calendar entries, and e-mails. In other words, much of her personal life would be exposed to the police as a result of her failing to wear a seatbelt.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5495","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5495","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5495"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5495\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5495"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5495"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5495"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}