By: Terry Bennett
Cell phones are no longer the exception in society, but the norm. The increase of cell phone usage in addition to cell phone capabilities has caused new issues to rise in the case of the law. The attorneys at Skeeters, Bennett, Wilson & Pike want to make sure you stay informed of these changes.
The U.S. Supreme Court recently ruled that before police can search the contents of a cell phone seized after an arrest, they must first obtain a search warrant. The Court was unanimous in its ruling, stating that cell phones differ from other objects that might be kept on an arrested person.
The Court noted that in today’s world cell phones are mini-computers that also have the capacity to be used as a camera, video player, calendar, Rolodex, tape recorder, library, diary, album, television, map or newspaper. Such devices contain personal information and private records that police are not entitled to without a warrant.
The Court did rule that there could be exceptions in the case where imminent danger may be present, such as the cell phone being used as an explosive or, if they suspect an individual may be using their cell phone to delete evidence.
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The attorneys at Skeeters, Bennett, Wilson & Pike think it’s important that you understand your rights. If you or someone you know is ever searched in an unreasonable manner, make sure to contact an attorney.
Terry joined the practice in 1974. His areas of focus include personal injury law, real estate law, probate law, estate planning, business law, corporations, and adoptions. He is admitted to practice before the United States Supreme Court, United States Court of Appeals 6th Circuit, United States District Court Western District of Kentucky, United States Court of Military Appeals, and all Kentucky courts.
A Hardin County native and former Army office in the Judge Advocate General (JAG) Corps, Terry graduated from William and Mary in Virginia with an undergraduate degree in government. He received his Juris Doctorate from Wake Forest Law School in Winston Salem, North Carolina, where he graduated with honors.