riley california argued april decided july petitioner riley stopped traffic violation eventually led arrest weapons charges officer searching riley incident arrest seized cell phone riley pants pocket officer accessed information phone noticed repeated use term associated street gang police station two hours later detective specializing gangs examined phone digital contents based part photographs videos detective found state charged riley connection shooting occurred weeks earlier sought enhanced sentence based riley gang membership riley moved suppress evidence police obtained cell phone trial denied motion riley convicted california appeal affirmed respondent wurie arrested police observed participate apparent drug sale police station officers seized cell phone wurie person noticed phone receiving multiple calls source identified house external screen officers opened phone accessed call log determined number associated house label traced number suspected wurie apartment secured search warrant found drugs firearm ammunition cash ensuing search wurie charged drug firearm offenses moved suppress evidence obtained search apartment district denied motion wurie convicted first circuit reversed denial motion suppress vacated relevant convictions held police generally may without warrant search digital information cell phone seized individual arrested pp warrantless search reasonable falls within specific exception fourth amendment warrant requirement see kentucky king exception issue applies warrantless search conducted incident lawful arrest three related precedents govern extent officers may search property found near arrestee chimel california requires search incident arrest limited area within arrestee immediate control justified interests officer safety preventing evidence destruction robinson applied chimel analysis search cigarette pack found arrestee person held risks identified chimel present custodial arrests even specific concern loss evidence threat officers particular case trilogy concludes arizona gant permits searches car arrestee unsecured within reaching distance passenger compartment reasonable believe evidence crime arrest might found vehicle pp declines extend robinson categorical rule searches data stored cell phones absent precise guidance founding era generally determines whether exempt given type search warrant requirement assessing one hand degree intrudes upon individual privacy degree needed promotion legitimate governmental interests wyoming houghton balance interests supported search incident arrest exception robinson search digital information cell phone government interests identified chimel implicates substantially greater individual privacy interests brief physical search pp digital data stored cell phones present either chimel risk pp digital data stored cell phone used weapon harm arresting officer effectuate arrestee escape officers may examine phone physical aspects ensure used weapon data phone endanger one extent search cell phone data might warn officers impending danger arrestee confederates headed scene concern better addressed consideration exceptions warrant requirement exigent circumstances see warden md penitentiary hayden pp ii california raise concerns destruction evidence arguing even cell phone physically secure information cell phone remains vulnerable remote wiping data encryption initial matter broad concerns distinct chimel focus defendant responds arrest trying conceal destroy evidence within reach briefing also gives little indication either problem prevalent opportunity perform search incident arrest effective solution least remote wiping law enforcement currently technologies combatting loss evidence finally law enforcement remaining concerns particular case might addressed responding targeted manner urgent threats remote wiping see missouri mcneely taking action disable phone locking mechanism order secure scene see illinois mcarthur pp conclusion inspecting contents arrestee pockets works substantial additional intrusion privacy beyond arrest may make sense applied physical items substantial privacy interests stake digital data involved pp cell phones differ quantitative qualitative sense objects might carried arrestee person notably modern cell phones immense storage capacity cell phones search person limited physical realities generally constituted narrow intrusion privacy cell phones store millions pages text thousands pictures hundreds videos several interrelated privacy consequences first cell phone collects one place many distinct types information reveal much combination isolated record second phone capacity allows even one type information convey far previously possible third data phone date back years addition element pervasiveness characterizes cell phones physical records decade ago officers might occasionally stumbled across highly personal item diary today many american adults cell phones keep person digital record nearly every aspect lives pp ii scope privacy interests stake complicated fact data viewed many modern cell phones may fact stored remote server thus search may extend well beyond papers effects physical proximity arrestee concern recognizes definitively foreclose pp fallback options offered california flawed contravene general preference provide clear guidance law enforcement categorical rules see michigan summers one possible rule import gant standard vehicle context allow warrantless search arrestee cell phone whenever reasonable believe phone contains evidence crime arrest proposal appropriate context prove practical limit comes cell phone searches another possible rule restrict scope cell phone search information relevant crime arrestee identity officer safety proposal impose meaningful constraints officers finally california suggests analogue rule officers search cell phone data obtained information counterpart proposal allow law enforcement search broad range items contained phone even though people unlikely carry variety information physical form launch courts difficult expedition determine digital files comparable physical records pp true decision impact ability law enforcement combat crime holding information cell phone immune search warrant generally required search warrant requirement important component fourth amendment jurisprudence warrants may obtained increasing efficiency addition although search incident arrest exception apply cell phones continued availability exigent circumstances exception may give law enforcement justification warrantless search particular cases pp reversed remanded affirmed roberts delivered opinion scalia kennedy thomas ginsburg breyer sotomayor kagan joined alito filed opinion concurring part concurring judgment opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press nos writ certiorari appeal fourth appellate district division one writ certiorari appeals first circuit june chief justice roberts delivered opinion two cases raise common question whether police may without warrant search digital information cell phone seized individual arrested first case petitioner david riley stopped police officer driving expired registration tags course stop officer also learned riley license suspended officer impounded riley car pursuant department policy another officer conducted inventory search car riley arrested possession concealed loaded firearms search turned two handguns car hood see cal penal code ann west officer searched riley incident arrest found items associated bloods street gang also seized cell phone riley pants pocket according riley uncontradicted assertion phone smart phone cell phone broad range functions based advanced computing capability large storage capacity internet connectivity officer accessed information phone noticed words presumably text messages contacts list preceded letters ck label believed stood crip killers slang term members bloods gang police station two hours arrest detective specializing gangs examined contents phone detective testified went riley phone looking evidence gang members often video guns take pictures guns app although lot stuff phone particular files caught detective eye included videos young men sparring someone yelled encouragement using moniker blood police also found photographs riley standing front car suspected involved shooting weeks earlier riley ultimately charged connection earlier shooting firing occupied vehicle assault semiautomatic firearm attempted murder state alleged riley committed crimes benefit criminal street gang aggravating factor carries enhanced sentence compare cal penal code ann prior trial riley moved suppress evidence police obtained cell phone contended searches phone violated fourth amendment performed without warrant otherwise justified exigent circumstances trial rejected argument app riley trial police officers testified photographs videos found phone photographs admitted evidence riley convicted three counts received enhanced sentence years life prison california appeal affirmed cal app pet cert pp relied california decision people diaz cal held fourth amendment permits warrantless search cell phone data incident arrest long cell phone immediately associated arrestee person see california denied riley petition review app pet cert granted certiorari second case police officer performing routine surveillance observed respondent brima wurie make apparent drug sale car officers subsequently arrested wurie took police station station officers seized two cell phones wurie person one issue flip phone kind phone flipped open use generally smaller range features smart phone five ten minutes arriving station officers noticed phone repeatedly receiving calls source identified house phone external screen minutes later opened phone saw photograph woman baby set phone wallpaper pressed one button phone access call log another button determine phone number associated house label next used online phone directory trace phone number apartment building officers went building saw wurie name mailbox observed window woman resembled woman photograph wurie phone secured apartment obtaining search warrant upon later executing warrant found seized grams crack cocaine marijuana drug paraphernalia firearm ammunition cash wurie charged distributing crack cocaine possessing crack cocaine intent distribute felon possession firearm ammunition see moved suppress evidence obtained search apartment arguing fruit unconstitutional search cell phone district denied motion supp mass wurie convicted three counts sentenced months prison divided panel first circuit reversed denial wurie motion suppress vacated wurie convictions possession intent distribute possession firearm felon held cell phones distinct physical possessions may searched incident arrest without warrant amount personal data cell phones contain negligible threat pose law enforcement interests see granted certiorari ii fourth amendment provides right people secure persons houses papers effects unreasonable searches seizures shall violated warrants shall issue upon probable cause supported oath affirmation particularly describing place searched persons things seized text makes clear ultimate touchstone fourth amendment brigham city stuart cases determined search undertaken law enforcement officials discover evidence criminal wrongdoing reasonableness generally requires obtaining judicial warrant vernonia school dist acton warrant ensures inferences support search drawn neutral detached magistrate instead judged officer engaged often competitive enterprise ferreting crime johnson absence warrant search reasonable falls within specific exception warrant requirement see kentucky king slip two cases us concern reasonableness warrantless search incident lawful arrest first acknowledged dictum right part government always recognized english american law search person accused legally arrested discover seize fruits evidences crime weeks since time well accepted search constitutes exception warrant requirement indeed label exception something misnomer context warrantless searches incident arrest occur far greater frequency searches conducted pursuant warrant see lafave search seizure ed although existence exception searches recognized century scope debated nearly long see arizona gant noting exception checkered history debate focused extent officers may search property found near arrestee three related precedents set forth rules governing searches first chimel california laid groundwork existing search incident arrest doctrine police officers case arrested chimel inside home proceeded search entire house including attic garage particular rooms also looked contents drawers crafted following rule assessing reasonableness search incident arrest arrest made reasonable arresting officer search person arrested order remove weapons latter might seek use order resist arrest effect escape otherwise officer safety might well endangered arrest frustrated addition entirely reasonable arresting officer search seize evidence arrestee person order prevent concealment destruction ample justification therefore search arrestee person area immediate control construing phrase mean area within might gain possession weapon destructible evidence extensive warrantless search chimel home fit within exception needed protect officer safety preserve evidence four years later robinson applied chimel analysis context search arrestee person police officer arrested robinson driving revoked license officer conducted patdown search felt object identify robinson coat pocket removed object turned crumpled cigarette package opened inside capsules heroin appeals concluded search unreasonable robinson unlikely evidence crime arrest person believed extracting cigarette package opening justified part protective search weapons reversed rejecting notion adjudication required determine whether present one reasons supporting authority search person incident lawful arrest explained authority search person incident lawful custodial arrest based upon need disarm discover evidence depend may later decide probability particular arrest situation weapons evidence fact found upon person suspect ibid instead custodial arrest suspect based probable cause reasonable intrusion fourth amendment intrusion lawful search incident arrest requires additional justification ibid thus concluded search robinson reasonable even though concern loss evidence arresting officer specific concern robinson might armed draw line search robinson person examination cigarette pack found search merely noted aving course lawful search come upon crumpled package cigarettes officer entitled inspect ibid years later clarified exception limited personal property immediately associated person arrestee chadwick locked footlocker searched incident arrest abrogated grounds california acevedo search incident arrest trilogy concludes gant analyzed searches arrestee vehicle gant like robinson recognized chimel concerns officer safety evidence preservation underlie search incident arrest exception see result concluded chimel authorize police search vehicle arrestee unsecured within reaching distance passenger compartment time search gant added however independent exception warrantless search vehicle passenger compartment believe evidence relevant crime arrest might found vehicle ibid quoting thornton scalia concurring judgment exception stems chimel explained circumstances unique vehicle context iii cases require us decide search incident arrest doctrine applies modern cell phones pervasive insistent part daily life proverbial visitor mars might conclude important feature human anatomy smart phone sort taken riley unheard ten years ago significant majority american adults phones see smith pew research center smartphone ownership update june even less sophisticated phones like wurie already faded popularity since wurie arrested around less years phones based technology nearly inconceivable decades ago chimel robinson decided absent precise guidance founding era generally determine whether exempt given type search warrant requirement assessing one hand degree intrudes upon individual privacy degree needed promotion legitimate governmental interests wyoming houghton balancing interests supported search incident arrest exception robinson mechanical application robinson might well support warrantless searches issue robinson categorical rule strikes appropriate balance context physical objects neither rationales much force respect digital content cell phones government interest side robinson concluded two risks identified chimel harm officers destruction evidence present custodial arrests comparable risks search digital data addition robinson regarded privacy interests retained individual arrest significantly diminished fact arrest cell phones however place vast quantities personal information literally hands individuals search information cell phone bears little resemblance type brief physical search considered robinson therefore decline extend robinson searches data cell phones hold instead officers must generally secure warrant conducting search first consider chimel concern turn overlook robinson admonition searches person incident arrest based upon need disarm discover evidence reasonable regardless probability particular arrest situation weapons evidence fact found rather requiring adjudication robinson rejected ask instead whether application search incident arrest doctrine particular category effects untether rule justifications underlying chimel exception gant supra see also knowles iowa declining extend robinson issuance citations situation concern officer safety present extent concern destruction loss evidence present digital data stored cell phone used weapon harm arresting officer effectuate arrestee escape law enforcement officers remain free examine physical aspects phone ensure used weapon say determine whether razor blade hidden phone case officer secured phone eliminated potential physical threats however data phone endanger one perhaps might said cigarette pack seized robinson pocket officer gained control pack unlikely robinson accessed pack contents unknown physical objects may always pose risks matter slight tense atmosphere custodial arrest officer robinson testified identify objects cigarette pack knew cigarettes see given search reasonable protective measure unknowns exist respect digital data first circuit explained officers searched wurie cell phone knew exactly find therein data also knew data harm california suggest search cell phone data might help ensure officer safety indirect ways example alerting officers confederates arrestee headed scene undoubtedly strong government interest warning officers possibilities neither california offers evidence suggest concerns based actual experience proposed consideration also represent broadening chimel concern arrestee might grab weapon use officer resist arrest effect escape threats outside arrest scene lurk custodial arrests chadwick accordingly interest protecting officer safety justify dispensing warrant requirement across board extent dangers arresting officers may implicated particular way particular case better addressed consideration exceptions warrant requirement one exigent circumstances see warden md penitentiary hayden fourth amendment require police officers delay course investigation gravely endanger lives lives california focus primarily second chimel rationale preventing destruction evidence riley wurie concede officers seized secured cell phones prevent destruction evidence seeking warrant see brief petitioner brief respondent sensible concession see illinois mcarthur chadwick supra law enforcement officers secured cell phone longer risk arrestee able delete incriminating data phone california argue information cell phone may nevertheless vulnerable two types evidence destruction unique digital data remote wiping data encryption remote wiping occurs phone connected wireless network receives signal erases stored data happen third party sends remote signal phone preprogrammed delete data upon entering leaving certain geographic areas geofencing see dept commerce national institute standards technology ayers brothers jansen guidelines mobile device forensics draft sp rev hereinafter ayers encryption security feature modern cell phones use addition password protection phones lock data becomes protected sophisticated encryption renders phone unbreakable unless police know password brief amicus curiae initial matter broader concerns loss evidence distinct chimel focus defendant responds arrest trying conceal destroy evidence within reach see respect remote wiping government primary concern turns actions third parties present scene arrest data encryption even afield government focuses ordinary operation phone security features apart active attempt defendant associates conceal destroy evidence upon arrest also given little reason believe either problem prevalent briefing reveals couple anecdotal examples remote wiping triggered arrest see brief association state criminal investigative agencies et al amici curiae pp see also tr oral arg similarly opportunities officers search phone data becomes encrypted quite limited law enforcement officers unlikely come upon phone unlocked state phones lock touch button default short period inactivity see iphone user guide ios software default lock one minute may explain encryption argument made merits stage never considered courts appeals moreover situations arrest might trigger attempt officer discovers unlocked phone clear ability conduct warrantless search make much difference need effect arrest secure scene tend matters means law enforcement officers may well able turn attention cell phone right away see tr oral arg see also brief amicus curiae cell phone data vulnerable remote wiping time individual anticipates arrest time eventual search phone completed might station house hours later likewise officer seizes phone unlocked state might able begin search short time remaining phone locks data becomes encrypted event remote wiping law enforcement without specific means address threat remote wiping fully prevented disconnecting phone network least two simple ways first law enforcement officers turn phone remove battery second concerned encryption potential problems leave phone powered place enclosure isolates phone radio waves see ayers devices commonly called faraday bags english scientist michael faraday essentially sandwich bags made aluminum foil cheap lightweight easy use see brief criminal law professors amici curiae may complete answer problem see ayers least provide reasonable response fact number law enforcement agencies around country already encourage use faraday bags see dept justice national institute justice electronic crime scene investigation guide first responders ed apr brief criminal law professors amici curiae extent law enforcement still specific concerns potential loss evidence particular case remain targeted ways address concerns police truly confronted never situation example circumstances suggesting defendant phone target imminent attempt may able rely exigent circumstances search phone immediately missouri mcneely slip quoting roaden kentucky internal quotation marks omitted officers happen seize phone unlocked state may able disable phone feature order prevent phone locking encrypting data see app reply brief diagramming necessary steps preventive measure analyzed principles set forth decision mcarthur approved officers reasonable steps secure scene preserve evidence awaited warrant see search incident arrest exception rests heightened government interests stake volatile arrest situation also arrestee reduced privacy interests upon taken police custody robinson focused primarily first rationales also quoted approval cardozo account historical basis search incident arrest exception search person becomes lawful grounds arrest accusation discovered law act subjecting body accused physical dominion quoting people chiagles see also powell concurring individual lawfully subjected custodial arrest retains significant fourth amendment interest privacy person put simply patdown robinson inspection cigarette pack found pocket constituted minor additional intrusions compared substantial government authority exercised taking robinson custody see chadwick searches person justified part reduced expectations privacy caused arrest fact arrestee diminished privacy interests mean fourth amendment falls picture entirely every search acceptable solely person custody maryland king slip contrary concerns weighty enough search may require warrant notwithstanding diminished expectations privacy arrestee ibid one example course chimel chimel refused characteriz invasion privacy results search man house search arrestee entire house substantial invasion beyond arrest concluded warrant required robinson decision applying chimel search contents item found arrestee person earlier case approved search zipper bag carried arrestee analyzed validity arrest see draper lower courts applying robinson chimel however approved searches variety personal items carried arrestee see carrion billfold address book watson wallet lee cadc purse asserts search data stored cell phone materially indistinguishable searches sorts physical items brief like saying ride horseback materially indistinguishable flight moon ways getting point point little else justifies lumping together modern cell phones category implicate privacy concerns far beyond implicated search cigarette pack wallet purse conclusion inspecting contents arrestee pockets works substantial additional intrusion privacy beyond arrest may make sense applied physical items extension reasoning digital data rest bottom cell phones differ quantitative qualitative sense objects might kept arrestee person term cell phone misleading shorthand many devices fact minicomputers also happen capacity used telephone easily called cameras video players rolodexes calendars tape recorders libraries diaries albums televisions maps newspapers one notable distinguishing features modern cell phones immense storage capacity cell phones search person limited physical realities tended general matter constitute narrow intrusion privacy see kerr foreword accounting technological change harv pub people lug around every piece mail received past several months every picture taken every book article read reason attempt drag behind trunk sort held require search warrant chadwick supra rather container size cigarette package robinson possible intrusion privacy physically limited way comes cell phones current smart phone standard capacity gigabytes available gigabytes sixteen gigabytes translates millions pages text thousands pictures hundreds videos see kerr supra brief center democracy technology et al amici curiae cell phones couple capacity ability store many different types information even basic phones sell less might hold photographs picture messages text messages internet browsing history calendar phone book see expect gulf physical practicability digital capacity continue widen future storage capacity cell phones several interrelated consequences privacy first cell phone collects one place many distinct types information address note prescription bank statement video reveal much combination isolated record second cell phone capacity allows even one type information convey far previously possible sum individual private life reconstructed thousand photographs labeled dates locations descriptions said photograph two loved ones tucked wallet third data phone date back purchase phone even earlier person might carry pocket slip paper reminding call jones carry record communications jones past several months routinely kept finally element pervasiveness characterizes cell phones physical records prior digital age people typically carry cache sensitive personal information went day person carrying cell phone contains exception according one poll nearly smart phone users report within five feet phones time admitting even use phones shower see harris interactive mobile consumer habits study june decade ago police officers searching arrestee might occasionally stumbled across highly personal item diary see frankenberry per curiam discoveries likely far today contrast exaggeration say many american adults cell phone keep person digital record nearly every aspect lives mundane intimate see ontario quon allowing police scrutinize records routine basis quite different allowing search personal item two occasional case although data stored cell phone distinguished physical records quantity alone certain types data also qualitatively different internet search browsing history example found phone reveal individual private interests concerns perhaps search certain symptoms disease coupled frequent visits webmd data cell phone also reveal person historic location information feature many smart phones reconstruct someone specific movements minute around town also within particular building see jones sotomayor concurring slip gps monitoring generates precise comprehensive record person public movements reflects wealth detail familial political professional religious sexual mobile application software cell phone apps offer range tools managing detailed information aspects person life apps democratic party news republican party news apps alcohol drug gambling addictions apps sharing prayer requests apps tracking pregnancy symptoms apps planning budget apps every conceivable hobby pastime apps improving romantic life popular apps buying selling anything records transactions may accessible phone indefinitely million apps available two major app stores phrase app part popular lexicon average smart phone user installed apps together form revealing montage user life see brief electronic privacy information center amicus curiae learned hand observed opinion later quoted chimel totally different thing search man pockets use contain ransacking house everything may incriminate kirschenblatt pockets contain cell phone however longer true indeed cell phone search typically expose government far exhaustive search house phone contains digital form many sensitive records found home also contains broad array private information never found home form unless phone complicate scope privacy interests stake data user views many modern cell phones may fact stored device treating cell phone container whose contents may searched incident arrest bit strained initial matter see new york belton describing container object capable holding another object analogy crumbles entirely cell phone used access data located elsewhere tap screen cell phones increasing frequency designed taking advantage cloud computing cloud computing capacity devices display data stored remote servers rather device cell phone users often may know whether particular information stored device cloud generally makes little difference see brief electronic privacy information center moreover type data may stored locally device one user cloud another concedes search incident arrest exception may stretched cover search files accessed remotely search files stored cloud see brief search like finding key suspect pocket arguing allowed law enforcement unlock search house officers searching phone data typically know whether information viewing stored locally time arrest pulled cloud although government recognizes problem proposed solutions unclear suggests officers disconnect phone network searching device solution whose feasibility contested respect threat remote wiping compare tr oral arg tr oral arg pp alternatively government proposes law enforcement agencies develop protocols address concerns raised cloud computing reply brief pp probably good idea founders fight revolution gain right government agency protocols possibility search might extend well beyond papers effects physical proximity arrestee yet another reason privacy interests dwarf robinson apart arguments direct extension robinson california offer various fallback options permitting warrantless cell phone searches certain circumstances proposals flawed contravenes general preference provide clear guidance law enforcement categorical rules police workable rules balancing competing interests large part done categorical basis ad hoc fashion individual police officers michigan summers quoting dunaway new york white concurring first proposes gant standard imported vehicle context allowing warrantless search arrestee cell phone whenever reasonable believe phone contains evidence crime arrest gant relied circumstances unique vehicle context endorse search solely purpose gathering evidence justice scalia thornton opinion gant based explained unique circumstances reduced expectation privacy heightened law enforcement needs comes motor vehicles see also wyoming houghton reasons explained cell phone searches bear neither characteristics rate gant standard prove practical limit comes cell phone searches vehicle context gant generally protects searches evidence past crimes see lafave search seizure cell phone context however reasonable expect incriminating information found phone regardless crime occurred similarly vehicle context gant restricts broad searches resulting minor crimes traffic violations see necessarily true cell phones particularly inexperienced unimaginative law enforcement officer come several reasons suppose evidence crime found cell phone even individual pulled something basic speeding might well locational data dispositive guilt phone individual pulled reckless driving might evidence phone shows whether texting driving sources potential pertinent information virtually unlimited applying gant standard cell phones effect give police officers unbridled discretion rummage among person private effects also proposes rule restrict scope cell phone search areas phone officer reasonably believes relevant crime arrestee identity officer safety discovered see brief approach impose meaningful constraints officers proposed categories sweep great deal information officers always able discern advance information found also reject final suggestion officers always able search phone call log wurie case government relies smith maryland held warrant required use pen register telephone company premises identify numbers dialed particular caller case however concluded use pen register search fourth amendment see dispute officers engaged search wurie cell phone moreover call logs typically contain phone numbers include identifying information individual might add label house wurie case finally oral argument california suggested different limiting principle officers search cell phone data obtained information counterpart see tr oral arg see also police entitled open pocket diary copy owner address entitled turn cell phone learn fact search era turned photograph two wallet justify search thousands photos digital gallery fact someone tucked paper bank statement pocket justify search every bank statement last five years make matters worse analogue test allow law enforcement search range items contained phone even though people unlikely carry variety information physical form riley case example implausible strolled around video tapes photo albums address book crammed pockets items analogue police california proposal able search phone items significant diminution privacy addition analogue test launch courts difficult expedition determine digital files comparable physical records equivalent letter voicemail equivalent phone message slip clear officers make kinds decisions conducting search courts apply proposed rule fact analogue test keep defendants judges guessing years come sykes scalia dissenting slip discussing analogue test armed career criminal act iv deny decision today impact ability law enforcement combat crime cell phones become important tools facilitating coordination communication among members criminal enterprises provide valuable incriminating information dangerous criminals privacy comes cost holding course information cell phone immune search instead warrant generally required search even cell phone seized incident arrest cases historically recognized warrant requirement important working part machinery merely inconvenience somehow claims police efficiency coolidge new hampshire recent technological advances similar discussed addition made process obtaining warrant efficient see mcneely slip roberts concurring part dissenting part slip describing jurisdiction police officers warrant requests judges ipads judges signed warrants back officers less minutes moreover even though search incident arrest exception apply cell phones exceptions may still justify warrantless search particular phone one exception applies exigencies situation make needs law enforcement compelling warrantless search objectively reasonable fourth amendment kentucky king slip quoting mincey arizona exigencies include need prevent imminent destruction evidence individual cases pursue fleeing suspect assist persons seriously injured threatened imminent injury chadwick example held exception searches incident arrest justify search trunk issue noted officers reason believe luggage contains immediately dangerous instrumentality explosives foolhardy transport station house without opening luggage light availability exigent circumstances exception reason believe law enforcement officers able address extreme hypotheticals suggested suspect texting accomplice feared preparing detonate bomb child abductor may information child location cell phone defendants recognize indeed stress threats may justify warrantless search cell phone data see reply brief brief respondent critical point unlike search incident arrest exception exigent circumstances exception requires examine whether emergency justified warrantless search particular case see mcneely supra slip cases recognized fourth amendment founding generation response reviled general warrants writs assistance colonial era allowed british officers rummage homes unrestrained search evidence criminal activity opposition searches fact one driving forces behind revolution patriot james otis delivered speech boston denouncing use writs assistance young john adams later write man crowded audience appeared go away ready take arms writs assistance works john adams adams ed according adams otis speech first scene first act opposition arbitrary claims great britain child independence born quoted boyd modern cell phones another technological convenience contain may reveal hold many americans privacies life boyd supra fact technology allows individual carry information hand make information less worthy protection founders fought answer question police must searching cell phone seized incident arrest accordingly simple get warrant reverse judgment california appeal remand case proceedings inconsistent opinion affirm judgment first circuit ordered opinion alito nos writ certiorari appeal fourth appellate district division one writ certiorari appeals first circuit june justice alito concurring part concurring judgment agree law enforcement officers conducting lawful search incident arrest must generally obtain warrant searching information stored accessible cell phone write separately address two points first convinced time ancient rule searches incident arrest based exclusively even primarily need protect safety arresting officers need prevent destruction evidence cf ante rule antedates adoption fourth amendment least century see clancy fourth amendment history interpretation taylor two studies constitutional interpretation amar fourth amendment first principles harv rev weeks held fourth amendment disturb rule see also taylor supra stuntz substantive origins criminal procedure yale power search incident arrest search arrested suspect person well established century nothing fourth amendment changed neither weeks authorities discussing old rule found suggestion based exclusively primarily need protect arresting officers prevent destruction evidence contrary authorities discussed basis rule mentioned need obtain probative evidence example case stated clear beyond doubt constables entitled upon lawful arrest one charged treason felony take detain property found possession form material evidence prosecution crime see dillon cox crim cas citing regina frost car eng noted origins rule deriv interest state person guilty reasonably believed guilty crime brought justice prosecution commenced determined due course law cox crim see also holker hennessey mo two treatises previously cited connection origin rule see weeks supra suggest rationale see wharton criminal pleading practice ed arresting defendant bound take person articles may use proof trial offense defendant charged bishop criminal procedure ed arresting officer finds prisoner person otherwise possession either goods moneys reason believe connected supposed crime fruits instruments committed directly furnishing evidence relating transaction may take hold disposed may direct ultimately convinces rule closely linked need officer safety evidence preservation rationales fail explain rule scope long accepted written items found person arrestee may examined used trial items taken away arrestee something obviously must done items read risk arrestee destroy risk leaving items unread endanger arresting officers idea officer safety preservation evidence sole reasons allowing warrantless search incident arrest appears derive reasoning chimel california case involved lawfulness search scene arrest person arrestee explained chimel reasoning questionable see arizona gant alito dissenting think mistake allow reasoning affect cases like concern search person arrestees despite view point discussed agree mechanically apply rule used predigital era search cell phone many cell phones use capable storing accessing quantity information highly personal person ever person form calls new balancing law enforcement privacy interests strikes balance favor privacy interests respect cell phones information found approach leads anomalies example broad holding favors information digital form information form suppose two suspects arrested suspect number one pocket monthly bill phone bill lists incriminating call number also wallet snapshots one incriminating suspect number two pocket cell phone call log shows call incriminating number addition number photos stored memory cell phone one incriminating established law police may seize examine phone bill snapshots wallet without obtaining warrant holding today information stored cell phone approach leads anomalies see workable alternative law enforcement officers need clear rules regarding searches incident arrest take many cases many years courts develop nuanced rules time nature electronic devices ordinary americans carry persons continue change ii brings second point agree holding reconsider question presented either congress state legislatures assessing legitimate needs law enforcement privacy interests cell phone owners enact legislation draws reasonable distinctions based categories information perhaps variables regulation electronic surveillance provides instructive example held electronic surveillance constitutes search even property interest invaded see katz congress responded enacting title iii omnibus crime control safe streets act stat see also et seq since time electronic surveillance governed primarily decisions authorizes imposes detailed restrictions electronic surveillance see ibid modern cell phones great value lawful unlawful purposes used committing many serious crimes present new difficult law enforcement problems see brief pp time role devices come play contemporary life searching contents implicates sensitive privacy interests poorly positioned understand evaluate many forms modern technology making easier easier government private entities amass wealth information lives ordinary americans time many ordinary americans choosing make public much information seldom revealed outsiders decades ago light developments unfortunate privacy protection century left primarily federal courts using blunt instrument fourth amendment legislatures elected people better position assess respond changes already occurred almost certainly take place future footnotes together wurie certiorari appeals first circuit footnotes california agree cases involve searches incident arrest cases implicate question whether collection inspection aggregated digital information amounts search circumstances wurie case example dissenting first circuit judge argued exigent circumstances justified search wurie phone see opinion howard discussing repeated unanswered calls house suspected location drug stash majority concluded government made exigent circumstances argument see government acknowledges see brief footnotes cf hill california diary marron ledger bills gouled overruled grounds warden md penitentiary hayden papers see rodriguez address book notebook molinaro wallet richardson wallet papers watson documents found wallet castro cert denied paper found pocket jeffers three notebooks meeting minutes bozel hudspeth papers circulars advertising matter memoranda containing various names addresses park avenue pharmacy numerous prescriptions blanks check book see also lafave search seizure ed lower courts applying robinson deemed evidentiary searches arrested person virtually unlimited cuddihy fourth amendment origins original meaning colonial era nyone arrested expect surface clothing body luggage saddlebags searched