a senior adviser, brian cunningham, joins us from l.a., a deputy legal adviser to condoleezza rice, specializingnd privacy law. brian, thank you for joining us now. as it stands right now, some states, you can, some states, you cannot? >> this is a case the supreme court had to take up because you have conflicted rulings. they are trying to deal with the fourth amendment and theories of privacy that are in some cases a decade or half-a-century old. in a california court, they upheld the right of the police to search a cell phone upon making an arrest without a warrant, and a federal circuit court in boston said, no, you have to have a warrant, so the court almost had to take this case up, and it is a trend, finally after years, starting to look at the impact of technology. >> a cell phone is probably a lot more revealing than anything else they could search, right? how do you expect the supreme court to weigh in on this? >> there is a really interesting split between the justices on whether the prevailing theory of privacy over the last 40 or 50 years, reasonable expectation, or the right to pro