The search incident to arrest doctrine applies to searches of the data on a cellular phone.

• A. True
• B. False
• C. Only for non-smartphones
• D. It depends on the jurisdiction

Answer: (A)

The data stored on a modern smartphone is protected from a blanket search incident to arrest. In Riley v. California, the Supreme Court held that police generally cannot search the digital contents of a cell phone seized from an arrestee without a warrant, even though a search incident to arrest is allowed for the arrestee and immediate surroundings to ensure safety and prevent destruction of evidence. The vast and sensitive information on a phone—photos, messages, apps, location history—creates privacy interests that a general SITA search would invade, so warrant protection is required for accessing that data. The police may seize and secure the device and may search it only if a warrant exists or another exception applies (such as consent or exigent circumstances). So, the statement is not correct: the search incident to arrest doctrine does not apply to searches of the data on a cellular phone in the typical sense; a warrant is generally required to inspect digital contents.