CP 8-2

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College of the Albemarle *

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110

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Computer Science

Date

Dec 6, 2023

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docx

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2

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Kenzie White John Branner HBI-110-IN01 November 28, 2023 CP 8-2: Smartphone Privacy While doing research on the internet, I have found out that the Fourth Amendment will not likely cover you in the cellular device area. In two seminal cases—Riley v. California (2014) and Carpenter v. United States (2018)—the Supreme Court has recognized that people have a reasonable expectation of privacy in the contents of their cell phone and in their historical location information. The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law. In Riley, the Court decided that the “search incident to arrest” exception to the warrant requirement did not apply to cell phones. Under the traditional search-incident-to-arrest exception, law enforcement did not need a warrant to search objects on a person being arrested because the officer’s safety during the arrest depended on ascertaining whether the objects were weapons or contained weapons. In Riley, the Supreme Court refused to expand this exception to searches of cell phones during arrests because police do not need to look at the contents of the phone to determine whether the phone is a threat to their safety. The Court found that the warrantless search of a cell phone would be an unreasonable invasion of the person’s privacy because of the vast amount of personal information it contained (Fourth Amendment). Similarly, in Carpenter, the Court found that police needed a warrant to obtain weeks- long records of people’s movements generated by their cell phones, refusing to expand the “third-party exception” to the warrant requirement. Under the traditional third-party exception, people have no reasonable expectation of privacy in information held by a third party. In Carpenter, law enforcement attempted to use this exception to justify obtaining cell phone tower location records from the defendant’s phone carrier without first getting a warrant. The Court ruled that people have a reasonable expectation of privacy in their movements over a several weeks-long period because the information creates a revealing portrait of the person’s daily life (Fourth Amendment). Should the data on your smartphone be encrypted? Yes, you should encrypt the data on your smartphone. Encrypt the data on your phone. Even though your phone might be locked, someone could still access your phone's onboard data storage and information if it is not encrypted (Secure). You might think no one can access your data because you have a lock-screen password, but this isn't entirely correct. Without encryption, they could simply remove your hard drive and download the data to a computer or other device (Oppido).
Bibliography “Fourth Amendment.” EPIC, 6 Apr. 2023, epic.org/issues/privacy-laws/fourth- amendment/#:~:text=In%20two%20seminal%20cases%E2%80%94Riley,in%20their %20historical%20location%20information. Oppido, Luigi, and Jennifer Mueller. “What Happens When You Encrypt an Android Phone?” wikiHow, wikiHow, 14 May 2023, www.wikihow.com/What-Happens-when-You- Encrypt-an-Android#:~:text=You%20might%20think%20no%20one,a%20computer %20or%20other%20device. “Secure Your Mobile Phone.” Secure Your Mobile Phone | Cyber.Gov.Au, 18 Jan. 2023, www.cyber.gov.au/protect-yourself/securing-your-devices/how-secure-your- device/secure-your-mobile-phone.
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