With the pervasive use of smart phones in business today and with those phones containing confidential personal and business information, employers should be aware that if one of their employees is arrested, whether that confidential information may be viewed by law enforcement without a search warrant still awaits resolution by the Supreme Court.
On January 17, 2014, the Supreme Court granted review in Riley v. California, No. D059840, 2013 WL 475242 (Cal. Ct.App. Oct. 16, 2013) and United States v. Wurie, 728 F.3d 1 (1st Cir. 2013), two cases involving the warrantless search of an individual’s cell phone incidental to arrest. The Court will look at the issue of whether the Fourth Amendment to the United States Constitution limits a law enforcement officer from searching through data that is stored on an...
