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2476. See also 18 U.S.C. Beck, 379 U.S. at 96, 85 S.Ct. See Kerr, supra, at 404; Brief for Center for Democracy & Technology et al. As an initial matter, these broader concerns about the loss of evidence are distinct from Chimel's focus on a defendant who responds to arrest by trying to conceal or destroy evidence within his reach. Officer Jones, using a police computer, typed the number into the website "AnyWho" (www. Allowing the police to scrutinize such records on a routine basis is quite different from allowing them to search a personal item or two in the occasional case. We expect that the gulf between physical practicability and digital capacity will only continue to widen in the future. After Beckles was issued, this court decided Thompson, which affirmed the district court's sentencing of Thompson as a career offender relying in part on a Massachusetts ABDW conviction that it deemed a crime of violence under the residual clause of section 4B1.2(a)(2). See United States v. Sokolow, 490 U.S. 1, 9, 109 S.Ct. 341, 58 L.Ed. United States v. Kirschenblatt, 16 F.2d 202, 203 (C.A.2). Once an officer gained control of the pack, it was unlikely that Robinson could have accessed the pack's contents. Likewise here, although Amendment 798 eliminates the residual clause of the Guidelines, there still remains a significant possibility that Wurie would be subject to the career offender enhancement under the force clause. 1642, 18 L.Ed.2d 782 (1967) (papers); see United States v. Rodriguez, 995 F.2d 776, 778 (C.A.7 1993) (address book); United States v. Armendariz-Mata, 949 F.2d 151, 153 (C.A.5 1991) (notebook); United States v. Molinaro, 877 F.2d 1341 (C.A.7 1989) (wallet); United States v. Richardson, 764 F.2d 1514, 1527 (C.A.11 1985) (wallet and papers); United States v. Watson, 669 F.2d 1374, 1383-1384 (C.A.11 1982) (documents found in a wallet); United States v. Castro, 596 F.2d 674, 677 (C.A.5 1979), cert. Put simply, a patdown of Robinson's clothing and an inspection of the cigarette pack found in his pocket constituted only minor additional intrusions compared to the substantial government authority exercised in taking Robinson into custody. App. Opposition to such searches was in fact one of the driving forces behind the Revolution itself. The officer in Robinson testified that he could not identify the objects in the cigarette pack but knew they were not cigarettes. STEARNS, District Judge. Cell phones differ in both a quantitative and a qualitative sense from other objects that might be kept on an arrestee's person. He could smell the distinct odor of burnt marijuana emanating from inside the apartment. 558 F.3d 71, 79-80 (1st Cir. Beckles, 137 S.Ct. of Oral Arg. 13-132, p. 3a (diagramming the few necessary steps). at 2557. of Oral Arg. "One well-recognized exception applies when `"the exigencies of the situation" make the needs of law enforcement so compelling that [a] warrantless search is objectively reasonable under the Fourth Amendment.'" The Government acknowledges the same in this Court. As the text makes clear, "the ultimate touchstone of the Fourth Amendment is `reasonableness.'" When such phones lock, data becomes protected by sophisticated encryption that renders a phone all but "unbreakable" unless police know the password. 1 Profile Search. [and, that] the seizure of his personal belongings and later use by the police of his phone and keys were done in violation" of these same rights.1 The court heard argument on the motion on January 20, 2009. The storage capacity of cell phones has several interrelated consequences for privacy. Id. Under Amendment 798, the Sentencing Commission revised the definition of "crime of violence" as defined in section 4B1.2(a), eliminating the residual clause and deleting burglary of a dwelling from the enumerated offenses clause (§ 4B1.2(a)(2)), while leaving the force clause (§ 4B1.2(a)(1)) intact. Missouri v. McNeely, 569 U.S. ___, ___, 133 S.Ct. See Arizona v. Gant, 556 U.S. 332, 350, 129 S.Ct. [2480] Michael R. Dreeben, for the United States as amicus curiae, by special leave of the Court, supporting the Respondent. The United States and California argue that information on a cell phone may nevertheless be vulnerable to two types of evidence destruction unique to digital data — remote wiping and data encryption. . See Brief for United States in No. As there are no disputed material facts, the court will rely on the factual recitations in the warrant affidavit and the parties' pleadings.2 Sergeant Detective Paul Murphy is a twenty-two year police veteran and the supervisor of the Area C-6 Drug Control Unit. The Court in that case, however, concluded that the use of a pen register was not a "search" at all under the Fourth Amendment. The officers did not answer the call or access any other information stored in the phone. Neither the Supreme Court nor the First Circuit has directly considered the issue of whether a search incident to arrest may include a search of a cell phone's contents, and if it does, how thorough the search might be.8 It seems indisputable that a person has a subjective expectation of privacy in the contents of his or her cell phone. 1234, 39 L.Ed.2d 771 (1974), that "searches and seizures that could be made on the spot at the time of arrest may legally be conducted later when the accused arrives at the place of detention," is extended by Illinois v. Lafayette, 462 U.S. 640, 103 S.Ct. According to one poll, nearly three-quarters of smart phone users report being within five feet of their phones most of the time, with 12% admitting that they even use their phones in the shower. These "exceptions come into play only when the holding of the prior panel is `contradicted by controlling authority, subsequently announced (say, a decision of the authoring court en banc, a Supreme Court opinion directly on point, or a legislative overruling).'" At the station, the officers seized two cell phones from Wurie's person. Officers subsequently arrested Wurie and took him to the police station. Id., at 11-13. Wurie replied, "I don't know. The officer impounded Riley's car, pursuant to department policy, and another officer conducted an inventory search of the car. 583, 584 (1923)); see also 414 U.S., at 237, 94 S.Ct. Applying our on-point precedent, we hold that Wurie's two prior convictions for ABDW under Massachusetts law qualify as crimes of violence under the Guidelines' residual clause.5 See Glover, 558 F.3d at 80; see also Hart, 674 F.3d at 44.6. ; Brief for Center for Democracy & Technology et al the storage capacity of cell phones has interrelated... 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