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On Wednesday, a federal appeals court decided that the US Constitution requires a warrant before police can demand access to our cellphones. This marks a major victory for civil liberties in the war on cellphone surveillance, but while the ruling can be used to rein in police departments that abuse cellphones, it’s not a silver bullet.

The ruling, which covers only the search and seizure of cellphones, doesn’t challenge the use of cell phones as evidence in criminal trials, as the appeals court hinted it might. Instead, it’s about how police need to get a warrant before examining a cellphone, because they can intercept calls without a warrant by getting a phone company to use its equipment to do so, not because they can do so on their own based on the US Constitution.

Previously, the Fourth Amendment to the Constitution wasn’t interpreted that way. The court is saying that the contents of our cellphones—and the information we collect and store on them—are protected by the Fourth Amendment, even if their location isn’t. “After all, what is the expectation of privacy for non-content information in a cellphone,” Justice Department attorney Matthew Rodriquez asked at oral argument last summer, “if the government can subpoena that information?”

The opinions of the appellate court’s judges varied on that point, but they essentially agreed that users have an expectation of privacy in the contents of their cellphones. (The challengers had argued that even if no one uses their cellphones for private communications, their contents shouldn’t be protected under the Fourth Amendment because of “the unique nature of the information stored on the phones.”) But they disagreed on what police need to do to get the contents of the phone.

As Justice Samuel Alito succinctly summarized the question: “Must a police officer get a warrant based on probable cause before he can look at a cellphone in order to determine whether the number it’s using is valid?”

The court answered, yes: “We hold that searching the contents of the phone that was in [the defendant’s] pocket on a bus that [he] was occupying
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