Journalists got some good news this week when the U.S. Supreme Court ruled 9-0 that law enforcers need warrants to search the cell phones of those under arrest. While the case was not focused on journalists, they stand to gain from a prohibition on police searches of their cell phones. (Reporters Committee for Freedom of the Press, June 25, 2014, by Bradley Chance)
Noting that cell phones are the new reporters notebooks, Josh Stearns for the Freedom of the Press Foundation, June 26, 2014, reports that police have conducted numerous cell phone searches on reporters and citizen journalists and erased photos and videos. The ruling is expected to bring some relief in that regard.
The ACLU called the decision “revolutionary.” In writing for the court, Chief Justice John Roberts said “The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought. Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple—get a warrant.” (American Civil Liberties Union, June 25, 2014, press release)
The First Amendment Coalition has assisted journalists in their attempts to gain information about the warrantless use of technology in setting up cell phone towers that enable police to monitor cell phone use in a particular neighborhood. (FAC, February 13, 2013, by Peter Scheer)