Tech at Night: I agree with Alito, not Roberts, in the phone search case, Riley v. California
I admit, when I see too much libertarian cheering about something, I look for the catch. So I had to take a closer look when I saw people disagree with aligned with people I sometimes agree with and sometimes disagree with, all cheering the Supreme Court’s decision in Riley v. California, which asserted that in a police stop, a warrant is required by police to search the data on the phone.
I have to say I agree with Justice Alito’s concurrence, more than I do with the opinion of the court by the Chief Justice. He points out that searching arrested persons predates the fourth amendment, was not altered by the fourth amendment, and is all about gathering evidence, not securing cops. So the court was right, but for the wrong reason.Read More »