Hawkins v. State
290 Ga. 785
Ga.2012Background
- Hawkins was arrested for multiple offenses, including an attempted violation of the Georgia Controlled Substances Act, after an officer posed as another person in a drug-transaction sting.
- During the sting Hawkins arrived at the meeting place and was observed using her cell phone; the officer received a text indicating she had arrived.
- Hawkins was placed under arrest; her vehicle was searched and a cell phone found in her purse.
- The arresting officer searched the cell phone for exchanged text messages with Hawkins, then downloaded and printed them.
- Hawkins moved to suppress the text messages as illegally obtained; the trial court denied the motion and the Court of Appeals affirmed.
- The Georgia Supreme Court affirmed, holding that a cell phone may be searched incident to arrest as a container, with scope limited to the object of the search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a cell phone is a valid container for a search incident to arrest | Hawkins: cell phone is not a traditional container and cannot be searched as such | State: cell phone is searchable as a container for electronic data under container-search principles | Yes; cell phone may be searched incident to arrest. |
| What is the proper scope of a cell-phone search incident to arrest | Hawkins: search should be limited to non-substantive data or require warrants | State: search scope should be tied to expected evidence; no fishing through unrelated data | Scope must be limited to data relevant to the offense; avoid fishing expeditions. |
Key Cases Cited
- Katz v. United States, 389 U.S. 347 (1967) (general rule that searches outside the judicial process are unreasonable without exceptions)
- Arizona v. Gant, 556 U.S. 332 (2009) (search incident to arrest doctrine; limits to vehicle and containers if reasonable)
- United States v. Ross, 456 U.S. 798 (1982) (scope of searches and opening of containers in lawful searches)
- New York v. Belton, 453 U.S. 454 (1981) (container concept; what constitutes a search object)
- United States v. Finley, 477 F.3d 250 (5th Cir. 2007) (electronic devices as searchable containers)
- United States v. Wurie, 612 F. Supp. 2d 104 (D. Mass. 2009) (cell phones as containers for electronic data)
- People v. Diaz, 51 Cal.4th 84 (Cal. 2011) (comparison of container searches to electronic data)