Hands off our cellphones

[Commentary] Once they place a suspect under arrest, police in many parts of this country are allowed to search the contents of his or her mobile phone — including text messages, photos, video files and contacts — without a warrant. These searches can expose a wealth of personal detail that was inconceivable to the Supreme Court 40 years ago when it gave officers wide latitude to search people and their effects when taking them into custody. It's time for the court to adapt its doctrine to new technology.

Two pending appeals provide the justices with that opportunity. The court need not agree with the 1st Circuit that warrantless searches of cellphones are always unconstitutional. It could rule more narrowly that searches are permissible when necessary to preserve evidence of the crime for which the arrest was made — for example, if there is a danger that confederates could remotely swipe incriminating information from the phone before a warrant could be obtained. But the court should make clear that police are not entitled to conduct an electronic fishing expedition into every aspect of a suspect's life.