Supreme Court: 9-0 We Have The Right To Privacy In The Digital Age

In a 9-0 decision earlier this week in Riley v. California and U.S. v. Wurie, the U.S. Supreme Court ruled that the police generally need a warrant to search cell phones and personal electronic devices of those who are arrested.  I agree wholeheartedly with Adam Liptak's assertion that its "a sweeping victory for privacy rights in the digital age."  

This decision appears to have been built upon the U.S. v. Jones decision in 2012 which ruled 9-0 that a warrant is required to place a GPS tracker on a suspect's vehicle. I believe that when reviewed together U.S. v. Jones,  Riley v. California, and U.S. v. Wurie, provides strong evidence that the 1979 Smith v. Maryland decision that use of a pen register by law enforcement is not a search within the meaning of the Fourth Amendment may be jeopardy. 

The bottom line is that the U.S. Supreme Court has clearly recognized that we have an expectation of privacy in the digital age.  Law enforcement appears now to need a warrant to not only search personal cell phones and digital devices, but also personal digital accounts such as email accounts, social media accounts, cloud computing accounts, app accounts, and other connected devices/accounts that may be referred to the "Internet of Things", etc... of the people whom they arrest.

Does this ruling strengthen the Electronic Communications Privacy Act by now requiring law enforcement to obtain a warrant for all emails regardless of their age during an investigation?  While it is still too early to determine all of the ramifications of this decision, it demonstrates that the U.S. Supreme Court believes we still have a right to privacy despite the changing nature and usage of technology.

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