article presents two arguments in connection with the Fourth Amendment and mobil
ID: 3873599 • Letter: A
Question
article presents two arguments in connection with the Fourth Amendment and mobile devices. The argument supporting the legality of searching mobile devices without a search warrant claims that a mobile device such as cell phone should be considered a piece of property found on the suspect, such as a wallet or purse, and should therefore be searchable in the absence of a warrant.
The opposing argument states that, unlike a wallet or purse, a mobile device can hold hundreds if not thousands of files containing personal information, the likes of which could only be found in a person's home until quite recently. For example, home videos, personal photos, and personal documents are now commonly found on mobile devices. This argument asserts that a search warrant should be necessary for a law enforcement officer to be able to legally search a mobile device.
What is your opinion on this argument? Do you feel that a search warrant should be required for a law enforcement officer to be able to legally review the contents of a mobile device? Why or why not?
Explanation / Answer
Answer) Well my opinion on this one is that a mobile phone is someone'spersonal property. So even if it is found at any crime scene, there should be certain laws to have a look inside the phone. As it is mentioned that it may contain a lot of personal stuff. Therefore, a mobile phone should be kept under the investigation team at the initial level. Later on a warrant can be granted to the officials by providing various reasons infront of the judiciary. Than under the observation, it should be explored. Yes, there is a need for a warrant before having a look inside someone's mobile phone's data. Suppose if the mobile phone is found suspect but there are chances that it may not be related to the case, than the personal data of the owner will be leaked for no reasons. Therefore to keep the privacy, and to keep the safety as well, the mobile phone should remain in the custody of investigation team but should not be explored before taking legal permissions from the judiciary.
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