Initially, this Comment will discuss the development of the search incident to arrest exception from the warrant requirement and how this exception has been generally defined and judicially interpreted. The next section will include a discussion of how the search incident to arrest exception has been applied to searches of the content stored within pagers. This Comment will then explain how modern cell phones have created difficulties for courts applying the search incident to arrest exception, causing these courts to diverge down two different lines of reasoning, ultimately reaching opposite conclusions. Finally, this Comment will reiterate the necessity that the Supreme Court rule on this issue and will point out the strengths and weaknesses of some options that the Court may consider.
Mark L. Mayakis, Cell Phone - A "Weapon" of Mass Discretion, 33 Campbell L. Rev. 151 (2010).