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CELL PHONES SEIZED DURING AN ARREST CAN’T BE SEARCHED WITHOUT A WARRANT.

7
Jul

CELL PHONES SEIZED DURING AN ARREST CAN’T BE SEARCHED WITHOUT A WARRANT

Big 9-0 win for the defense! The US Supremes rule that when police seize cell phones during an arrest, they can’t search them without a warrant. “Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple – get a warrant.”

There are narrow exceptions where there’s evidence a defendant’s phone will be imminently remotely wiped, or there’s information on the phone about a bomb or a child abduction.

This is certainly fully retroactive. But can the police claim good faith based on Diaz (51 C4th 84), where the Cal. Supremes held that police can search cell phones seized during an arrest? I think we’re going to have to argue that this was always the law; that Diaz was
never good law.

Riley v. Cal.; 2014 DJ DAR 8220; DJ, 6/26/14; US Supremes

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