If you live in California or ever plan on visiting, be careful about getting arrested unless you leave your cellphone at home or in the hotel room.
The California Supreme Court ruled Monday that police can routinely look at anything on a person's cellphone if it is with them at the time of arrest - without a search warrant or probable cause. It can then be used as evidence in court. This is considered by the Court to be personal effects like clothing. Since so many of us have smart phones, it would mean that email, confidential or sensitve business data, websites, social profiles, and even computer files could be accessed and reviewed - even if they had no relation to why a person was detained. This could compromise business dealings.
The fact that the Supreme Court made this ruling means that it stands - unless it is appealed to the US Supreme Court and they decide to hear it. It definitely seems to be a real stretch and a violation of the 4th Amendment against unreasonable searches and seizures unless the phone was actually seen being used in the alleged offense. While not in the decision, iPads and notebook computers could conceivably be included in related rulings.
First we had the TSA violation of the 4th Amendment. Now we have the California cellphone ruling. Ouch.
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