Wearable Evidence: Why the Pennsylvania Judiciary Should Require a Warrant to Search Wearable Technology

The incredible rate at which the wearable technology market has grown suggests that it has become a large part of daily life.156 Similar to cell phone usage, Americans are now wearing cutting edge devices on them everywhere they go, collecting data which assists them in their daily lives.157 But the average American using wearable technology is unlikely to think about how stored data can be used by law enforcement to incriminate them. Additionally, users of wearable technology probably don’t want their personal information disclosed to the public. As a result, the Pennsylvania judiciary must require law enforcement to obtain a warrant before searching wearable technology. The Pennsylvania judiciary has a history of extending Fourth Amendment protections and should continue to do so.