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- Title
A Smarter Rule for Smarter Phones: Why SILA Does Not Protect Our Smartphones and Why the California Legislature Should.
- Authors
Cooper, Russell
- Abstract
The articles addresses the need of excluding the cell phones and smartphones from the search incident to lawful arrest doctrine (SILA) by the legislature of California and provide limitations on warrantless searches. It analyzes the decision of the U.S. Supreme Court in Chimel v. California regarding expansion of SILA for exception to warrantless searches of cell phones. It recommends for encompassing a legislative rule for protecting private data of smartphone users' from warrantless searches.
- Subjects
CALIFORNIA; SEARCH incident to arrest; SMARTPHONES; SEARCHES &; seizures of cell phones; SEARCHES &; seizures (Law); UNITED States. Supreme Court; DATA protection laws; SECURITY systems
- Publication
McGeorge Law Review, 2013, Vol 44, Issue 2, p363
- ISSN
1520-9245
- Publication type
Article