State v. JamesAnnotate this Case
Defendant was convicted of possession of marijuana with the intent to distribute and related offenses. On appeal, Defendant argued that the warrantless search of his cell phone conducted as a search incident to arrest violated his rights under the Fourth Amendment to the U.S. Constitution. The Court of Appeals affirmed. The Supreme Court reversed, holding (1) the search of Defendant’s cell phone violated the Fourth Amendment because Defendant did not unequivocally, specifically, and freely give consent for the officer to search the text messages on his cell phone, and Defendant’s consensual responses were not free from duress or coercion; and (2) the unlawful search of Defendant’s cell phone was not harmless.