The Fourth Amendment of the United States Constitution and article 14 of
the Massachusetts Declaration of Rights (Article 14) both provide some
measure of protection to an individual’s private digital information by
precluding law enforcement from conducting warrantless searches of personal
electronic devices. Article 14 accords private digital information stored on
electronic devices greater constitutional protection from warrantless searches
than the Fourth Amendment alone. In Commonwealth v. Mauricio,
the Supreme Judicial Court of Massachusetts (SJC) considered whether a
warrantless search of images stored on a digital camera fell within the search incident-to-arrest exception to the warrant requirement and whether the search
constituted a valid inventory search.
the Massachusetts Declaration of Rights (Article 14) both provide some
measure of protection to an individual’s private digital information by
precluding law enforcement from conducting warrantless searches of personal
electronic devices. Article 14 accords private digital information stored on
electronic devices greater constitutional protection from warrantless searches
than the Fourth Amendment alone. In Commonwealth v. Mauricio,
the Supreme Judicial Court of Massachusetts (SJC) considered whether a
warrantless search of images stored on a digital camera fell within the search incident-to-arrest exception to the warrant requirement and whether the search
constituted a valid inventory search.