Judge Andrew Napolitano sat down with Jenna Lee this morning to assess two Supreme Court cases on cell phone searches by police. At issue is whether police officers can seize a suspect's cell phone and look through it during an arrest, even if they do not have a warrant.

Napolitano said he he believes that the arguments are stronger on the side of requiring cops to go to a judge and get a warrant before looking at the contents of a cell phone.

Jenna posed this hypothetical scenario: what if a suspect is arrested and has information about a kidnapped child on his or her phone? Should the police still have to waste valuable time to secure a warrant before looking at the phone?

"The government always fantasizes these emergency cases," Napolitano responded, pointing out that an emergency scenario like that was not in play in these particular cases.

The judge said the Supreme Court could rule differently if they're presented with a "ticking time bomb"-type case. But in one case before the court right now, he argued that it involves a "fishing expedition" in which police overstepped the Fourth Amendment by looking through a suspect's phone during a traffic stop to discover he was connected to a gang-related murder.

Watch the discussion above, and check back daily on Fox News Insider for all of Judge Nap's analysis!


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