Judge Richard Posner, writing for the panel, used the diary analogy:
If police are entitled to open a pocket diary to copy the owner's address, they should be entitled to turn on a cell phone to learn its number. If allowed to leaf through a pocket address book, as they are, they should be entitled to read the address book in a cell phone. If forbidden to peruse love letters recognized as such found wedged between the pages of the address book, they should be forbidden to read love letters in the files of a cell phone."
rest at
http://blogs.wsj.com/law/2012/02/29/the-daily-writing-sample-cell-phones-and-diaries/
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