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121 Penn St. L. Rev. 309 (2016-2017)
Rethinking Student Cell Phone Searches

handle is hein.journals/dlr121 and id is 331 raw text is: Articles Rethinking Student Cell Phone Searches Marc C. McAllister* ABSTRACT In Fourth Amendment analysis, warrants are often required to search for evidence of criminal wrongdoing. However, under the search- incident-to-arrest warrant exception, once an individual has been placed under custodial arrest, certain warrantless searches may follow, such as a search for weapons or evidence possibly within the arrestee's reach. In Riley v. California, 134 S. Ct. 2473 (2014), the Supreme Court unanimously rejected the proposed extension of the search-incident-to- arrest exception to cell phones, thereby requiring a warrant to search a phone's digital contents. Although Riley recognized that arrestees have reduced expectations of privacy, the privacy concerns in a cell phone's digital data were simply too great to allow such data to be searched without judicial approval. This article examines Riley's impact on searches of K-12 and college students' cell phones as an incident to a violation of law or school rule, and proposes heightened Fourth Amendment protections in both contexts. First, this article argues that although college students enjoy reduced Fourth Amendment protections when campus safety and * Marc McAllister teaches courses and writes on topics involving criminal law and procedure. His articles have been published in respected journals such as the Cincinnati Law Review, Florida State Law Review, Hofstra Law Review, Seattle Law Review, and Case Western Reserve Law Review. 309

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