Police can’t rummage through a suspect’s phone merely because it’s possible there could be deleted files or hidden evidence of a crime, a New Jersey appeals court ruled Wednesday.
In spurning broad reasons to search devices, the Superior Court Appellate Division rejected a subpoena and said police need to provide particular reasons to search an entire phone beyond the days of an alleged offense.
Arguing that searching through photos proves the defendant’s “control” of his device and claiming defendants often hide items in different places or subfolders on phones is insufficient, even in cases as sensitive as those regarding sexual ...