The Fourth Amendment guarantees a right to privacy and protects against unreasonable searches and seizures. A cell phone contains a great deal of private information and thus the owner of the phone should have a reasonable expectation of privacy.
In 2007, Brima Wurie was arrested for allegedly selling drugs in a South Boston parking lot. As he was being booked by law enforcement, his cellular phone rang. The caller ID indicated the call was coming from his home. The police opened the flip cell phone, found the associated telephone number and identified the location of the defendant’s home. The police were able to obtain a warrant and found both drugs and a firearm in the home. However, they may have been unable to obtain this evidence if they had not opened Wurie’s phone.
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