USA v. Brima Wurie (2013)(Brief for Petitioner, United States)

In the case United States v Wurie, 13-212, Brima Wurie was arrested in Massachusetts for dealing drugs. Following a search of his cellphone’s call log, investigators found an address, where they discovered more illegal substances and a gun. Unlike the case of David Riley, Wurie had his sentence overturned when the court rejected the evidence retrieved from his phone.Under the Fourth Amendment, police require a warrant based on "probable cause" before they can conduct a search.In the past, the courts have granted police the authority to search the possessions of arrested individuals for two reasons: determining the individual is not carrying a weapon and preventing the destruction of evidence, like narcotics.The question of cell phones, they argue, does not fit into either category.The lawyer for Riley, pointed to FBI statistics showing some 12 million Americans were arrested in 2012 alone, mostly over “minor crimes” like "jaywalking, littering or riding a bicycle the wrong direction on a residential street," he said in his court filing.It would be wrong, the attorney believes, that police would have the authority to search a person’s cellphone without first getting a court order to provide a warrant.