Why Are Police Allowed to Break Into Your Phone?

A New York Times review of court cases and legislation around the country shows that there are no uniform rules when it comes to whether law enforcement can search cell phone records and use the data as evidence. 

The judicial system around the country is sharply divided on the legality of searching cell phone records and using that evidence for the prosecution of criminal suspects. A New York Times review of court cases and legislation shows that there are no uniform rules when it comes to whether law enforcement can search cell phone records and use the data as evidence. 

In Rhode Island, a judge threw out evidence used to convict Michael Patino, a 30-year-old resident of the state, because, according to the judge, the police obtained cell phone data improperly. But a Washington court said that cell phone text messages are similar to voice mail messages that can be heard by anyone in a room, and are therefore not subjected to privacy laws.

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