Commonwealth v. Phifer
463 Mass. 790
Mass.2012Background
- Officers observed defendant in Orient Heights drug investigation; defendant arrested on outstanding drag warrants after a suspected drug transaction.
- Detective McCarthy recovered cocaine from Claiborne; Claiborne provided his cellular number.
- Defendant was booked; Officer Fontanez seized $364 and the defendant’s cellular telephone.
- Detective McCarthy performed a limited post‑arrest search of the phone, examining only the recent call log.
- The search was argued as a lawful incident to arrest; the trial judge relied on Madera to justify it.
- Court held the limited search of the call list was permissible as incident to a lawful arrest; remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether warrantless search of the phone incident to arrest is permissible. | Commonwealth relies on traditional search-incident to arrest logic. | Phifer contends phone contents require warrant or privacy protections. | Limited call-log search permissible as incident to arrest. |
| Scope of search post-arrest for cellular data containing evidence of crime. | Search aligns with probable-cause-based access to evidence. | Content privacy in smartphones may exceed traditional scope. | Court limits ruling to recent call list; broader intrusion undecided. |
| Whether Madera bright-line rule applies to smartphones and private data. | Bright-line rule allows search of items carried with arrest. | Smartphones raise privacy concerns; rule may not extend to text/messages. | Acknowledges Madera; declines broad extension; limited call-log search upheld. |
Key Cases Cited
- Commonwealth v. Madera, 402 Mass. 156 (1988) (upheld search of a gym bag incident to arrest under art. 14 and c. 276, §1)
- Commonwealth v. Santiago, 410 Mass. 737 (1991) (car search not within permissible scope of search incident to arrest)
- Commonwealth v. Netto, 438 Mass. 686 (2003) (upheld search of bag/pocketbook/clothing found at arrest scene)
- Commonwealth v. Clermy, 421 Mass. 325 (1995) (applied Madera to pill bottle search at arrest scene)
- United States v. Robinson, 414 U.S. 218 (1973) (search incident to lawful arrest permits full search of person and immediate surroundings)
- Chimel v. California, 395 U.S. 752 (1969) (foundational rule for searches incident to arrest)