REFERENCE # 213829

LEGAL UPDATE - CELL

PHONE SEARCHES
26-JUN-2014 16:16
GENERAL MESSAGE



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To: ALL UNITS

From: GARRISON, MAGDALENA
SERGEANT OF POLICE
114 - OFFICE OF LEGAL AFFAIRS
Telephone
No.:312-
745-6115

On Behalf
Of:
RALPH M. PRICE
GENERAL COUNSEL
OFFICE OF LEGAL AFFAIRS
312-745-6115

Message: In light of the United States Supreme Court ruling in the consolidated cases, U.S.
v. Wurie and Riley v. State of California (573 U.S.___, (2014), Legal Bulletin 2013-
03 has been rescinded effective 25 June 2014. Department members seeking to
search information stored or accessible on an arrestee's cell phone must first
obtain a search warrant. The Court did make it clear, however, that the "exigent
circumstances" exception to the warrant requirement (including cell phones) is still
available in life-threatening situations. The Court included examples such as "a
suspect texting an accomplice who, it is feared, is preparing to detonate a bomb,
or a child abductor who may have information about the child's location on his cell
phone." The Court also reminded us that "unlike the search incident to arrest
exception, the exigent circumstances exception requires a court to examine
whether or not an emergency justified a warrantless search in each particular
case". Id. Any questions should be directed to the Office of Legal Affairs at (312)
745-6115. To be read at all roll calls for seven (7) consecutive days.

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WARNING: This message is intended only for the use of the individual or agency to which it is
addressed and may contain information that is confidential and/or exempt from disclosure under
applicable law. If you have received this communication in error, please notify us immediately
by telephone and destroy the original. Any unauthorized copying or dissemination of this
communication is prohibited.

CITY OF CHICAGO / DEPARTMENT OF
POLICE
3510 SOUTH MICHIGAN
AVENUE
CHICAGO, IL
60653
2013 Chicago Police Department
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