General Discussion

Confiscating a protestor's phone is generally considered a 4th Amendment violation. It constitutes an "unreasonable search and seizure," as cell phones contain immense personal data and are not typically subject to warrantless searches, even upon arrest. Police must usually have a warrant or specific, probable cause, rather than just using it to deter recording or fishing for information.

Key points regarding the seizure of protestor phones:
Privacy Rights: The Supreme Court has ruled that cell phones are distinct from other personal items, meaning they cannot be casually searched without a warrant, even incident to an arrest.