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Back to the Future: Returning to Reasonableness and Particularity Under the Fourth Amendment

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ABSTRACT: Nothing speaks with more constitutional clarity than an unreasonable search. There can be no doubt—in an era of unprecedented technological advances—that individual privacy is under attack by state action that no honest jurist can consider reasonable. In Riley v. California and United States v. Wurie, the United States Supreme Court will have a golden opportunity to secure privacy rights for the future when it decides whether searches incident to arrest permit law enforcement officers to search, without a warrant, the contents of an arrestee’s cell phone. The answer to that question is no.

 

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