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Title doesn't mention that this is in conjunction with an arrest - police already have some increased latitude in searches when arresting someone.
by dminor 15y ago
Title doesn't mention that this is in conjunction with an arrest - police already have some increased latitude in searches when arresting someone.
- slavak 15y agoNot only that, but if I'm reading the article correctly the ruling only refers to turning on the phone in order to find out its number. They didn't actually rifle through the phone's phone-book, call history, or anything of the sort.
- falien 15y agoYou are reading it correctly. This is a horribly link-baiting title.
- doublerebel 15y agoThis quote FTA extrapolates the definition to include all kinds of data: "So opening the diary found on the suspect whom the police have arrested, to verify his name and address and discover whether the diary contains information relevant to the crime for which he has been arrested, clearly is permissible...
- andylei 15y agothese are searches incident to arrest. they can already search anything found on your person when they arrest you. it makes sense that they can search your phone, which is an item found on your person.
- doublerebel 15y agoThat is not true. IANAL, but several sources declare that the opening of locked containers incident to arrest is determined by local enforcement policy and NOT by precedent or federal law: http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/april_2011/searches http://www.fbi.gov/stats-services/publications/law-enforceme... http://www.llrmi.com/articles/legal_questions/4-aug09.shtml http://www.llrmi.com/articles/legal_questions/4-aug09.shtml http://www.jonesdayappellate.com/files/CaseStudy/4aaa6c32-8b81-4591-a7e7-10f90d504653/Presentation/CaseStudyFile/5e0752e2-cdef-435a-8b0a-11f2b185e861/dillardus03TermCERT.pdf http://www.jonesdayappellate.com/files/CaseStudy/4aaa6c32-8b... [PDF] (Google Quick View of PDF: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&ved=0CFoQxQEwBQ&url=https%3A%2F%2Fdocs.google.com%2Fviewer%3Fa%3Dv%26q%3Dcache%3AbIa-YOus1REJ%3Awww.jonesdayappellate.com%2Ffiles%2FCaseStudy%2F4aaa6c32-8b81-4591-a7e7-10f90d504653%2FPresentation%2FCaseStudyFile%2F5e0752e2-cdef-435a-8b0a-11f2b185e861%2Fdillardus03TermCERT.pdf%2B%26hl%3Den%26gl%3Dus%26pid%3Dbl%26srcid%3DADGEEShemxpSJpg1G0oknqTWVG3h5rXoKWn7NRg5hl8-SCUcgVds-kic3eVTLCObK30yXIYEAaNZ8--2N2Iqmfz3Si6BRsXe8Ru19VxzlKgu4s-g0VDaYtCDTf7PovvVs7jqq90K0C06%26sig%3DAHIEtbSdu6ZOJk1xotlJPr9E1l8TEhqViQ&ei=p_lPT_C3MILViAKp8Py0Bg&usg=AFQjCNFjmnbWhwyr0IWFZlQxybyyy92NTA&sig2=1UUbriBSBqLguxYsDgq4rQ https://www.google.com/url?sa=t&rct=j&q=&esrc=s&... ) http://www.bernardbrody.com/law-v-technology-can-the-police-search-a-password-protected-cell-phone/ http://www.bernardbrody.com/law-v-technology-can-the-police-... http://findarticles.com/p/articles/mi_m2194/is_n1_v65/ai_18498724/pg_3/?tag=content;col1 http://findarticles.com/p/articles/mi_m2194/is_n1_v65/ai_184...
- andylei 15y agoyeah, your sources say that the police, if they have consistent policies about searching arrestees containers, they can search any container they find that is locked.