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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Who's on the line? Policing and enforcing laws relating to mobile phone use while driving

by Glenn Jessop

This article is available online to the U. of T. community. It is also available in print in the Centre of Criminology Library

This article investigates how laws relating to mobile phone use in cars are written, interpreted and applied in real life. It explores how regulations are imposed, the difficulties that are encountered in terms of enforcement, and how laws have been policed and tested in court. By focusing on the sociolegal context in Victoria and drawing upon international comparisons, we see that stories ofenforcement highlight the unique and particular questions asked of existing legal systems by motorists using a mobile phone. Moreover, in describing the problematic process of developing and implementing legal regulations, we see that road rules are struggling to adapt to a transitional technology and that there are significant obstacles to enforcing the laws.