COLUMBUS, Ohio -- A divided Ohio Supreme Court has ruled that police must obtain a search warrant before searching the contents of a suspect's cell phone except under certain circumstances.
The court's 5-4 decision Tuesday appears to be the first on the topic among state high courts. Justice Judith Ann Lanzinger, writing the majority opinion, also notes that the U.S. Supreme Court hasn't ruled on it.
Lanzinger says conflicting federal court decisions provided the only guidance.
The Ohio Supreme Court's decision overturns rulings by trial and appeals courts. It requires police to obtain a warrant to search a cell phone even if the phone is obtained during a lawful arrest.
Lanzinger writes that doing otherwise violates the constitutional ban on unreasonable search and seizure.
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