A year later, in Trupiano v. United States,262 a raid on a distillery resulted in the arrest of a man found on the premises and a seizure of the equipment; the Court reversed the conviction because the officers had had time to obtain a search warrant and had not done so. Rather, the Court noted that other means existed besides a search of a cell phone to secure the data contained therein, including turning the phone off or placing the phone in a bag that isolates it from radio waves.247 Because of the more substantial privacy interests at stake when digital data is involved in a search incident to an arrest and because of the availability of less intrusive alternatives to a warrantless search, the Court in Riley concluded that, as a “simple” categorical rule, before police can search a cell phone incident to an arrest, the police must “get a warrant.”248, Two years after Riley, the Court again crafted a new brightline rule with respect to searches following an arrest in another “situation[] that could not have been envisioned when the Fourth Amendment was adopted.”249 In Birchfield v. North Dakota, the Court examined whether compulsory breath and blood tests administered in order to determine the blood alcohol concentration (BAC) of an automobile driver, following the arrest of that driver for suspected “drunk driving,” are unreasonable under the search incident to arrest exception to the Fourth Amendment’s warrant requirement.250 In examining laws criminalizing the refusal to submit to either a breath or blood test, similar to Riley, the Court relied on a general balancing approach used to assess whether a given category of searches is reasonable, weighing the individual privacy interests implicated by such tests against any legitimate state interests.251 With respect to breath tests, the Birchfield Court viewed the privacy intrusions posed by such tests as “almost negligible” in that a breath test is functionally equivalent to the process of using a straw to drink a beverage and yields a limited amount of useful information for law enforcement agents.252 In contrast, the Court concluded that a mandatory blood test raised more serious privacy interests,253 as blood tests pierce the skin, extract a part of the subject’s body, and provide far more information than a breathalyzer test.254 Turning to the state’s interest in obtaining BAC readings for persons arrested for drunk driving, the Birchfield Court acknowledged the government’s “paramount interest” in preserving public safety on highways, including the state’s need to deter drunk driving from occurring in the first place through the imposition of criminal penalties for failing to cooperate with drunk driving investigations.255 Weighing these competing interests, the Court ultimately concluded that the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving because the “impact of breath tests on privacy is slight,” whereas the “need for BAC testing is great.”256 In so doing, the Court rejected the alternative of requiring the state to obtain a warrant prior to the administration of a BAC breath test, noting (1) the need for clear, categorical rules to provide police adequate guidance in the context of a search incident to an arrest and (2) the potential administrative burdens that would be incurred if warrants were required prior to every breathalyzer test.257 Nonetheless, the Court reached a “different conclusion” with respect to blood tests, finding that such tests are “significantly more intrusive” and their “reasonability must be judged in light of the availability of the less intrusive alternative of a breath test.”258 As a consequence, the Court held that while a warrantless breath test following a drunk-driving arrest is categorically permissible as a reasonable search under the Fourth Amendment, a warrantless blood test cannot be justified by the search incident to arrest doctrine.259, However, the Justices have long found themselves in disagreement about the scope of the search incident to arrest as it extends beyond the person to the area in which the person is arrested— most commonly either his premises or his vehicle. Yet every day, law enforcement officials (LEO), without probable cause or even reasonable suspicion in many cases, use canine units to search the vehicles of law abiding citizens. 480 U.S. at 732 (Scalia, J., concurring in judgment). The Fourth Amendment prohibits unreasonable searches and seizures from taking place without a warrant based on probable cause. (2014), 568 U.S. ___, No. Thus, in Riley v. California,245 the Court declined to extend the holding of United States v. Robinson to the search of the digital data contained in a cell phone found on an arrestee. A person at the threshold of a residence could not confidently conclude he was welcome to enter over the express objection of a present co-tenant. The search for cigarettes uncovered evidence of drug activity held admissible in a prosecution under the juvenile laws. The phrase does not describe a “fixed, minimum quantum of governmental concern,” the Court explained, but rather “describes an interest which appears important enough to justify the particular search at hand.”389 Applying this standard, the Court concluded that “deterring drug use by our Nation’s schoolchildren is at least as important as enhancing efficient enforcement of the Nation’s laws against the importation of drugs . Believing that a fairly simple rule understandable to authorities in the field was desirable, the Court ruled “that articles inside the relatively narrow compass of the passenger compartment of an automobile are in fact generally, if not inevitably, within ‘the area into which an arrestee might reach in order to grab a weapon or evidentiary ite[m].’ ”276, Belton was “widely understood to allow a vehicle search incident to the arrest of a recent occupant even if there is no possibility the arrestee could gain access to the vehicle at the time of the search.”277 In Arizona v. Gant,278 however, the Court disavowed this understanding of Belton279 and held that “[p]olice may search a vehicle incident to a recent occupant’s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe that the vehicle contains evidence of the offense of arrest.”280, In the early days of the automobile, the Court created an exception for searches of vehicles, holding in Carroll v. United States281 that vehicles may be searched without warrants if the officer undertaking the search has probable cause to believe that the vehicle contains contraband. 14–1468, slip op. The findings from this study will assist the policy makers in identifying the benefits of this scenario. The occupant had been arrested and removed and it was true, the Court observed, that a person legally taken into custody has a lessened right of privacy in his person, but he does not have a lessened right of privacy in his entire house. Specifically, the Court distinguished a search of cell phones, which contain vast quantities of personal data, from the limited physical search at issue in Robinson.246 Focusing primarily on the rationale that searching cell phones would prevent the destruction of evidence, the government argued that cell phone data could be destroyed remotely or become encrypted by the passage of time. Roving patrols may stop vehicles for purposes of a brief inquiry, provided officers are “aware of specific articulable facts, together with rational inferences from those facts, that reasonably warrant suspicion” that an automobile contains illegal aliens; in such a case the interference with Fourth Amendment rights is “modest” and the law enforcement interests served are significant.335 Fixed checkpoints provide additional safeguards; here officers may halt all vehicles briefly in order to question occupants even in the absence of any reasonable suspicion that the particular vehicle contains illegal aliens.336, In Hester v. United States,337 the Court held that the Fourth Amendment did not protect “open fields” and that, therefore, police searches in such areas as pastures, wooded areas, open water, and vacant lots need not comply with the requirements of warrants and probable cause. The reality is that in most criminal cases, a search occurs which results in the finding of contraband or evidence used by the prosecution. And the area into which an arrestee might reach in order to grab a weapon or evidentiary items must, of course, be governed by a like rule. And the reach of these unconstitutional warrantless searches are by no means restricted to falconers. (U.S. v. Edwards) (For exceptions and background on the Fourth Amendment, see Understanding Search-and-Seizure Law .) Border Searches: Border searches do not require a warrant, probable cause or suspicion of any kind. The Court in California v. 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