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Supreme Court Victory for Privacy Rights

The United States Supreme Court ruled in a unanimous decision yesterday, June 25, 2014, that cell phones cannot be searched by police without a warrant during an arrest.  This comes as a major victory for those advocacy right to privacy and opposed to police overreaching.  Reported today by MSNBCCNN, NY TimesWSJ and USA Today. The supreme court stated, "We cannot deny that our decision today will have an immediate impact on the ability of law enforcement to combat crime." emphasizing, "Privacy comes at a cost." This was written by Chief Justice John Roberts.  Those first amendment activists have applauded the decision as a major victory to individual rights. Under the law, police can search a person under arrest and whatever physical items are within their reach in order to find weapons and preserve evidence.  The ruling makes clear that this does not apply to the contents of a cellular phone or smart phone.  Other cases pending include NSA surveillance methods of phone and computers. Both beat police as well as investigating agencies have been routinely searching cellular phones in Northern Kentucky.  Due to the question of the law, many have not obtained search warrants.  Without permission of the owner or a proper search warrant, they have no legal right to search a smart phone or flip phone in order to determine if other crimes have been committed or to gain additional evidence regarding a crime. If you have quetions about the ruling or are facing criminal charges or investigation in Northern Kentucky, contact Michael Bouldin at [email protected] or call 581-MIKE; 859-581-6453. 

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