Cellphone search requires warrant

Ohio holds today (4-3) that a cell phone search requires a warrant without exigent circumstances. Therefore, it was not subject to a search incident. Today’s cell phones are analogous to a computer. State v. Smith, 2009 Ohio 6426 (December 15, 2009).

FourthAmendment blog reports.  Seems there ought to be similar results for a military search and that the fruits of a warrantless search should similarly be excluded at court-martial.

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