Issue 2011-10 of Mack's Criminal Law Bulletin is now online. In this issue, Common Law Police Powers: Search Incident to Arrest (cell phone), I discuss whether the police are permitted to search a cell phone incident to arrest under the traditional common power.

…the question is simple: Does the scope and nature of the biographical core of information on a cell phone require prior judicial authorization before it may be searched, or can the police rely upon a modified common law power of search incident to arrest?

The issue is admittedly complex….