California Governor Blocks Bill Requiring Court Order to Search Cell Phones
Published on: 12th Oct 2011
Note -- this news article is more than a year old.
By: Ian Mansfield
California's State Governor Jerry Brown has vetoed signing into effect a law that that would have made it illegal for the police to search the contents of a mobile phone without a court order.
The bill, which was proposed by State Senator Mark Leno and supported by the ACLU would have overturned an earlier ruling by the California Supreme Court that a mobile phone found on the possession of an arrested suspect can be considered as personal property. Court orders are not needed to look inside personal property, such as wallets or packages found on a suspect.
"This measure would overturn a California Supreme Court decision that held that police officers can lawfully search the cellphones of people who they arrest," Brown said in a short statement explaining his decision to veto the bill.
"The courts are better suited to resolve the complex and case-specific issues relating to constitutional search-and-seizures protections."