휴대전화 탑재 디지털 정보와 영장주의에 관한 최근 미국 연방대법원 판결례 분석

Abstract

The Fourth Amendment of the United States Constitution provides “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.”The U.S. Supreme Court has prohibited warrantless searches in order to enforce the Fourth Amendment's prohibition on unreasonable searches. There were only a few specifically established and well-delineated exceptions to exclusionary rule. There were independent source's exception, inevitable discovery's exception, and searches-incident-to-arrest exception. The U.S. Supreme Court has increasing broadened these exceptions and many privacy advocates concerned about those decisions. The U.S. Supreme Court examined whether one exception -- searches incident to arrest -- applied to the digital contents of cell phones in Riley v. California and held that "officers must generally secure a warrant before conducting such a search." This decision recognizes the importance of informational privacy and it will limit the ability of police to look at the contents of cell phone absent a warrant or exigent circumstances. The decision would be recognized as victory for privacy and Korean also get some inference from this decision to protect digital privacy in Korea.