Ohio Supreme Court rules warrant needed before cops can search cellphones
Smith's phone was grabbed by police when he was placed into a cruiser and incriminating pictures were found along with proof of calls between Smith and the crack dealer. He was charged with possession of cocaine, selling cocaine, tampering with evidence and two counts of possessing criminal tools. He was convicted on all counts and sentenced to 12 years in prison. He subsequently appealed, but the trial court action was affirmed. The State Supreme Court decision ruled that the lower courts did not take into account the new technologies of the modern cellphone. Justice Judith Lanzinger, writing for the majority, said that a person has a high expectation of privacy over the personal data that can be stored in today's cellphone. In the dissenting opinion, Judge Robert Cupp said that the majority was "needlessly theorizing" about the capabilities of today's mobile phones rather thanfollowing similar decisions that found police officers can searchclosed containers without a warrant.