The Ohio Supreme Court Gets One Right…

From The Cleveland Plain Dealer:

Ohio justices: Cell phone searches require a warrant by police

STEPHEN MAJORS, Associated Press Writer

COLUMBUS, Ohio — Police officers must obtain a search warrant before scouring the contents of a suspect’s cell phone unless their safety is in danger, a divided Ohio Supreme Court ruled Tuesday on an issue that appears never to have reached another state high court or the U.S. Supreme Court.

The Ohio high court ruled 5-4 in favor of Antwaun Smith, who was arrested on drug charges after he answered a cell phone call from a crack cocaine user acting as a police informant.

The good news is they ruled in favor of individual rights as enumerated in the Constitution.

The bad news is it was a 5-4 decision.

What part of this did the dissenting judges have trouble understanding?

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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