Firstly, Judicial-Yuan, Republic of China (Taiwan), interpretations Nos. 585, 603 and 631 held that although the right of privacy is not among those rights specifically enumerated in the Constitution, it should nonetheless be considered as an indispensable fundamental right and thus protected under Article 22 of the Constitution. In addition, the freedom of privacy of correspondence is one of concrete modes of right to privacy that the Constitution guarantees. (see Article 12 of the Constitution) The application of the Article 12 of the Constitution depends on whether the person invoking its protection can claim a “reasonable expectation of privacy” or “reasonable expectation of secret” that has been invaded by government action. (see Articles 3 of the Communication Protection and Monitoring Law) Secondly ,the search and seizure in criminal procedure governs not only the seizure of tangible items, but extends as well to the recording of oral statements. In other words, communication monitoring essentially is one of concrete modes of search and seizure in criminal procedure, which are both protection the individual interest in privacy. Further, when the government gains evidence by physically intruding on constitutionally protected areas, constitutes a “search.” Conversely, when the government obtained evidence without physical intrusion that could also constitutes a “search.”? Moreover, with the development of technologies, the government’s method of criminal investigations are improvingly, which mignt gains evidence without physical intrusion frequently. And so , it is necessary to seek a new test to be added to, not substituted for “the common-law trespassory test” (“physical trespass doctrine”) in order to solve the problem. Furthermore, in recent years the cell phone becomes very popular ,which can stored large amounts of digital information about individual’s privacy. Due to a search of all data stored on a cell phone is materially indistinguishable from searches of physical items and that might be easily destructed by remote wiping or data encryption. Thus, whether the government could without a warrant, search digital information stored on the cell phones seized from the defendants as incident to the defendants’ arrests? And how to reasonableness the balancing of competing interests (on the one hand, the degree to which it intrudes upon an individual’s privacy and, on the other, the degree to which it is needed for the promotion of legitimate governmental interests)? This article will reference of U.S. Supreme Court decision, Judicial-Yuan, Republic of China (Taiwan), iInterpretations and Judicial practice to examine and put forward personal point of views for the above issues. Looking forward this article could be helpful to our country’s criminal justice practice.