The U.S. Supreme Court unanimously ruled Tuesday that police may not search the cellphone, tablet computer or other personal digital device of an arrested person without first obtaining a warrant, reports Adam Liptak for the New York Times. Two years ago Governor Brown vetoed legislation by Senator Mark Leno that would have had the same effect. The bill was felt necessary by both First Amendment and privacy advocates as a corrective to a California Supreme Court decision holding that warrantless searches of the devices of arrested persons were not unconstitutional. That case relied on U.S. Supreme Court precedents that the court yesterday found to be inapplicable to smartphones and other portable digital storage and communication technology which could store vast amounts of private and confidential information, and which could neither contain or be used as a weapon against arresting officers.
About The Editor
Terry Francke, General Counsel
Terry Francke has a 39-year history of helping journalists, citizens and public officials understand and use their First Amendment and open government rights. With CalAware, Francke has authored comprehensive and authoritative guidebooks to California law on access to government meetings and public records and the news gathering and publication rights of journalists. Focusing on these issues in public forum law, he supervises CalAware's legislative and litigation initiatives; conducts workshops on legal compliance; helps design public records audits; supports local sunshine ordinance drafting efforts; writes CalAware Today, a blog on current developments and proposals in the law and best practices; and answers countless queries by phone and e-mail from citizens, journalists, public officials and employees, and lawyers. Francke previously served 14 years as executive director and general counsel to the California First Amendment Coalition, after a 10-year post as legal counsel for the California Newspaper Publishers Association. He has served as an advisory panel member to the National Center on Courts and the Media; taught journalism law at the Department of Communication at Stanford University; and served as an expert contributor to the 1994 major revisions to the Ralph M. Brown Act and the 2004 ballot proposition making open government a basic right of citizens under the California Constitution. Francke is a 1967 graduate of the University of Notre Dame and a 1979 graduate of McGeorge School of Law, University of the Pacific. Prior to his legal career, Francke worked as a weekly newspaper editor and in military and local government public affairs positions.
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