Articles Tagged with cellphone

Thanks to, here is a Ohio State Supreme Court opinion in State v. Smith.  The issue is warrantless searches of cell-phones.  While this issue may have been raised in a court-martial, I don’t see a relevant military appellate decision.  So the issue is apparently an open one for court-martial cases.

Here is a link to a New York Times editorial on the Ohio case.

The Ohio Supreme Court has struck an important blow for privacy rights, ruling that the police need a warrant to search a cellphone. The court rightly recognized that cellphones today are a lot more than just telephones, that they hold a wealth of personal information and that the privacy interest in them is considerable. This was the first such ruling from a state supreme court. It is a model for other courts to follow.

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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