Seizure and search of the contents of a cellphone, despite its high expectation of privacy, can be proper under the automobile exception. United States v. James, 2008 U.S. Dist. LEXIS 34864 (E.D. Mo. April 29, 2008):<\/p>\n
Judge Noce correctly held that Meador had a reasonable expectation of privacy in the data contained in the cell phone. Meador had a possessory interest in the cell phone and it is reasonable for a person to expect the information contained in a cell phone — especially information such as that contained in the address book, which is not available even to the service provider — will be “free from intrusion from both the government and the general public.” United States v. Finley<\/em>, 477 F.3d 250, 259 (5th Cir. 2007). As one court has noted, “cell phones are capable of storing immense amounts of highly personal information.” United States v. Park<\/em>, 2007 WL 1521573 (N. D. Cal. May 23, 2007). Because of this reasonable expectation of privacy, law enforcement officers must obtain a search warrant before viewing the contents of a cell phone, unless one of the exceptions to the warrant requirement exist.<\/p>\n
Judge Noce also correctly concluded that the automobile exception to the warrant requirement, as recognized in Chambers v. Maroney<\/em>, 399 U.S. 42 (1970) and refined in California v. Acevedo<\/em>, 500 U.S. 565 (1991) applies here. Because probable cause existed to believe that evidence of a crime would be found in the cell phone call records and address book, the automobile exception allows the search of the cell phone just as it allows a search of other closed containers found in vehicles. I agree with Judge Noce’s conclusion, and note that at least one district court has recently reached the same conclusion under very similar facts. See United States v. Fierros-Alvarez<\/em>, 2008 WL 1826188 (D. Kan. April 23, 2008) (automobile exception justified search of cell phone found in vehicle).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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