In California, after a traffic stop and discovering the person had no license, the car was impounded, during which time illegal guns and other things were found in the car, leading to an arrest. After the arrest, the person's cell phone was seized and evidence on the phone linked him to gang shootings, for which he was eventually convicted. The man appealed with an appellate court on the search and seizure issue and the court ruled in favor of the state, saying the general rule is that you're allowed to search items that are in your control when lawfully arrested. This man went to the Supreme Court with his case and they refused to hear his case, says Judge Eugene Hyman, retired Superior Court Judge from Santa Clara, California.
In Boston, a person engaged in drug activity is arrested and his cell phone is searched without a warrant, where more incriminating information is found. The person arrested make a move to suppress the case based on not having a warrant and the case is denied at a federal trial court, a circuit court and is now before the U.S. Supreme Court.
Hyman says that the question before the U.S. Supreme Court is should cell phones be treated like mini computers, for which search warrants would be required. Hyman says that "ideology will play an important role and it should be interesting to see what happens."
Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network. The Legal Broadcast Network is a featured network of the Sequence Media Group.