SUMMARY

- In a seminal decision, the U.S. Supreme Court held in Riley v. California and United States v. Wurie that police need a warrant justified by probable cause to search a cellphone seized incident to lawful arrest. However, the legal implications of this case go far beyond criminal procedure. This decision not only challenges the assumptions that underlie the Fourth Amendment “reasonable suspicion” standard for searches on public school campuses, but also the Fifth Amendment issue of forced decryption of cellphone passwords. As technological advances gradually render what was once private as now public, the U.S. Supreme Court will be forced to confront the realities of how technology impacts our daily lives. The Riley decision likely will change the way school administrators maintain safety and order on campuses as well as the way we protect our personal privacy.