Texas-Book-Gun Law Armed And Educated - Flipbook - Page 66
Due to these distinguishing features, the Court ultimately concluded
that police must obtain a warrant based on probable cause to search
the contents of a cell phone. However, the Court left open the
question of whether or not a smartphone can be searched without
a warrant if there are exigent circumstances or if the phone itself is
the instrumentality of the crime.
D. Highly regulated businesses
Warrantless searches have been permitted by the courts if carried
out by the state’s administrative agents in any business or activity
that is closely regulated by the government. For example, agents
from the ATF may conduct an audit of a gun store, or the Texas
Alcoholic Beverage Commission (“TABC”) may send their agents
to inspect liquor stores or bars.
E. Airports/international borders
Warrantless searches are permitted at borders and airports under
the legal theory that individuals have implicitly consented to be
searched while traversing an international border or getting on
an airplane. Further, warrantless searches are justified by public
interest and the great risk to public safety in these areas.
F. Probationers/parolees
Persons on probation and parole have a lessened expectation of
privacy due to their highly monitored status. As a result, they may
be searched on reasonable suspicion alone. This standard even
applies to the person’s cell phone! Persons subject to government
supervision lose nearly all of their Fourth Amendment rights.
Know Your Rights: Part III | 55
