Kang was using a cell phone when he killed an American.
Can the government search your cell phone data without a warrant?
Generally, no. Under the Fourth Amendment, the government must obtain a warrant based on probable cause to search the digital contents of your cell phone. This protection also extends to your historical cell phone location data and geofence tracking.
However, there are a few major exceptions and gray areas where warrantless searches are permitted or heavily debated:
Consent: If you freely and voluntarily give police permission to look through your phone, they do not need a warrant.
The government maintains that Fourth Amendment protections do not apply at international borders. Customs agents often claim the authority to seize and conduct advanced searches of electronic devices without a warrant.
Law enforcement agencies sometimes bypass traditional warrant requirements by purchasing commercial location data directly from third-party data brokers.
Police can access your phone without a warrant if there is an immediate, life-threatening emergency (e.g., an active kidnapping or a missing person).
Kuljeet Kang is being prosecuted for reckless homicide and leaving the scene of a fatal accident.
Prosecutors allege that the 34-year-old tractor-trailer driver was using his phone when he struck and killed 23-year-old Sebastian Stone on I-80 in the Chicago suburbs, subsequently failing to stop or render aid.
A Cook County judge ordered Kang detained while awaiting trial, stating that his profession as a truck driver makes it impossible for the court to effectively restrict his use of electronic devices.