The Kansas Supreme Court today reversed a Court of Appeals decision about a search of cell phone text messages.
The case out of Franklin County District Court was state of Kansas vs. Tommy Ray James.
The district court had denied James’ motion to suppress the evidence of text messages from his cell phone after a traffic stop and the discovery of marijuana in James’ vehicle. A police officer searched James’ cell phone text messages in the arrest.
Justice Caleb Stegall wrote the opinion for the court, holding that the warrantless search of a cell phone pursuant to arrest violates the Fourth Amendment of the U.S. Constitution. The court clarified the constitutional standards applied where the now-repealed statute, KSA 22-2501, was silent.
The Supreme Court reversed and remanded the matter to the district court for further proceedings.
Justice Lee Johnson filed a separate concurrence, with Justice Dan Biles joining, arguing the case should have resolved on the statutory grounds of KSA 22-2501.
The court’s decision is online at www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2015/20150508/106083.pdf.