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Tuesday, February 18, 2014

Courts - "Searching a cell phone incident to arrest"

The Volokh Conspiracy had a long post yesterday by Prof. Orin Kerr, beginning:

The Supreme Court recently granted cert on two cases about how the Fourth Amendment applies to the search incident to an arrest of a cell phone found on a person arrested. In textual terms, when is a search of a cell phone incident to arrest constitutionally “reasonable”? In this post, I want to lay out some of the possible Fourth Amendment rules that the Court might consider to answer that question. I’ll start with a basic introduction to the rationales of the search incident to arrest exception. I’ll then offer a few possible rules the Court might adopt to answer when a cell phone can be searched under the exception. Next, I’ll turn to possible rules for how broadly a search should extend under the exception if/when such searches are allowed. In future posts, I’ll offer some thoughts on how the Court might choose among the rules.
Meanwhile, HB 1384, re downloading of cellular telephone information by police, is being considered this morning in the Senate Corrections & Criminal Law Committee

Posted by Marcia Oddi on February 18, 2014 09:55 AM
Posted to Courts in general