The Supreme Court unanimously ruled on Wednesday that police must obtain a warrant before searching through mobile devices confiscated at the time of arrest.
It certainly makes cases cleaner when the officer obtains a search warrant; there is always a chance that evidence could be suppressed if a search warrant was not obtained, said Lt. Ray Shupe with the Durango Police Department.
Officers in La Plata County have been required by 6th Judicial District Attorney Todd Risberg to obtain warrants for cellphones for five years, Shupe said.
We have asked, suggested and required our officers to get a warrant before they search cellphones, Risberg said.
Depending on the case, if an officer sees a phone, he or she usually will request a search warrant for it as part of the investigation, Shupe said.
“I think it’s a better practice,” Risberg said. “We have tried to emphasize warrants just to keep things clean.”
The ruling really will not change anything for officers in Durango, Shupe said.
Other agencies around the country have conducted warrantless searches of cellphones and, because of the ruling, will have to change policy, he said.
“We are constantly changing how we do policing in this country based on rulings that come down from the Supreme Court and state courts, as well,” Shupe said. “It’s not something unusual.”
This unanimous ruling shows that the court wants to evolve and recognize modern realities, Risberg said.
The court is recognizing that technology is rapidly changing, and a vast amount of private information is contained in cellphones, he said.
“Technology has changed the way we all need to view the law and peoples’ expectations of privacy,” Risberg said. “It may remind people that you need to be mindful of what you put out in the electronic universe and what you have on your phone.”
tferraro@durangoherald.com
