Gershowitz, Adam. "The iPhone Meets the Fourth Amendment." UCLA Law Review. Vol. 56 (2008) 27-58.
Gershowitz, Adam. "The iPhone Meets the Fourth Amendment." UCLA Law Review. Vol. 56 (2008) 27-58.
Gershowitz's article interprets the role that the iPhone plays in our understanding of the Fourth Amendment. This article from the UCLA Law School Journal emphasizes that under the current provisions of the Fourth Ammendment, a police officer can search the entire body and grabbing space of an arrestee without probable cause. In this past, this might have seemed trivial; however, the iPhone has made this a pressing issue because it allows the contents and applications to be searched. The first part of the article offers history and background related to this exemption from the Fourth Amendment. Next, the author reflects on previous cases that have dealt with searches of cell phones and how this doctrine is complicated by the iPhone. It becomes clear that applications such as the iPhoto one differentiate the iPhone from its predecessors. Finally, Gershowitz offers suggestions to courts and lawmakers for policies that they might adopt to secure greater protection for iPhones.
This article interestingly acknowledges a possible negative side effect of the iPhone's mobility and accessibility. One would be inclined to believe that having all of our resources and personal information just a click away at all times would be beneficial. However, as this article reveals, this is not necessarily always the case. Users must realize that having all of their personal information, e-mails, private data and more could possibly hurt them. The quick link to the internet via the wed applications could release incriminating information in some cases. For instance, an officer could search the web browser or photos of an iPhone user and find child pornography. This document is yet another reminder of the fact that the information stored within our technological devices is never truly private. Additionally, this text speaks to the fact that the law has not been able to keep up with developments in technology. With respect to privacy and copyright especially, technological developments like the iPhone are forcing lawmakers to reassess the application of policies to these devices.
tagged fourth_amendment iphone privacy searches by benun ...and 1 other person ...on 15-APR-09


