For decades, the courts have allowed police to empty a suspect's pockets and examine whatever they find to ensure officers' safety and prevent the destruction of evidence.
The question now: Should the old rule apply to new-age technology?
"Law enforcement will always say look at the great result we got. We put this bad guy behind bars. We get it. The bigger picture is, do we want to give away our right to privacy?" said FOX 8 legal analyst Joe Raspanti. "A specific example of a good thing that happened when someone's privacy was breached shouldn't be the standard by which we judge all searches."
The Fourth Amendment to the Constitution prohibits unreasonable searches and seizures and requires any warrant to be sanctioned by a judge and supported by probable cause.
Raspanti said no matter what the justices decide, warrants are already easily obtainable and can lead police to information most people believe is private.
"If anybody tweets, texts or sends an email and is under the opinion that this is a private communication, I would like the dissuade them of that opinion. I think they should look at all of those things as public information," said Raspanti.
A decision by the Supreme Court is expected to take a few months.
Thursday, September 11 2014 7:56 PM EDT2014-09-11 23:56:58 GMT
The father accused of killing and dumping the bodies of his five children along a rural dirt road in Wilcox County, Alabama was successfully extradited back to the state of South CarolinaMore >>
The father accused of killing and dumping the bodies of his five children along a rural dirt road in Wilcox County, Alabama was successfully extradited back to the state of South Carolina Thursday to face charges, according to local reports.More >>
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