Professor Orin Kerr Weighs In on Cell Phone Search Cases

In the cases of United States v. Wurie and Riley v. California, the U.S. Supreme Court is debating whether police can legally search cell phones without obtaining a warrant at the time of an arrest. The case represents an ongoing conflict between protection of privacy and technological advances. Although police have historically been able to search arrested individuals and the possessions that they carry, cell phone searches allow information gathering of unprecedented magnitude.

Orin Kerr, Fred C. Stevenson Research Professor of Law, has commented on these developing cases both in the national media and on theĀ Washington Post-hosted blog, The Volokh Conspiracy. Professor Kerr is uniquely suited to offer his opinion; an expert on criminal procedure and computer crime law, he previously clerked for Justice Anthony M. Kennedy of the U.S. Supreme Court, worked in the Computer Crime and Intellectual Property Section at the U.S. Department of Justice, and argued Supreme Court cases.

Read and hear a selection of his thoughts below:


In the Media

NPR | May 6, 2014
"Search, Seizure and Smartphones: The Future of the Fourth Amendment"

The Volokh Conspiracy Blog | May 5, 2014
Finding a Middle-Ground Rule in the Cell Phone Search Cases"

NPR | April 29, 2014
"Weighing The Risks Of Warrantless Phone Searches During Arrests"

ABC News | April 29, 2014
"Supreme Court Justices Struggle With Issue of Cell Phone Searches"

The New York Times | April 27, 2014
"Supreme Court Taking Up Police Searches of Data Troves Known as Cellphones"

NBC News | April 27, 2014
"Supreme Court Takes Up Police Power to Search Cell Phones"

The Washington Post | April 11, 2014
"The Need for Computer-Specific Fourth Amendment Rules in the Cell Phone Search Cases"