Can anyone direct me to the current case law restricting law enforcements inability to search a lap top incident to arrest and requiring a warrant.
I have searched through Google and come up empty handed.
Thanks!
I'm unaware of case law that restricts this search; the forth amendment does it. I know currently, there is a trend to allow an exception to the forth amendment via search incident to arrest regarding cell phones. The theory is that the police can search a person and containers upon his person incident to arrest and the courts are considering the cell phone a container.
I was just talking with an AUSA the other day who feels that this is a slippery slope. His recommendation; get a warrant if you can…
Mike,
Thanks for the response.I'm fairly up on the current laws regarding cell phone searches. It seems that many times attorneys attempt to liken them to computers due to the amount of information they are capable of storing.
In their attempt to do so I thought the Supreme Court may have addressed computers specifically rather than just considering them containers.
Cheers,
Well, the cell phone searches is more due to the fact that evidence may be lost if the battery gives out. The laptop does not have this issue.
But, I can not point you to a specific case in which a laptop was dismissed due to an unlawful search.
Interestingly I just read up on S&S by TSA on Greyhound bus in FL.
I wonder what would (not should) happen if I refuse to open my Pelikan case under my 4th amendment rights.
As miket065 pointed out, if are unsure, you should always get a warrant. Search incident to arrest occurs after a lawful arrest and is used to protect the officer and others around the arrest vicinity. It is also used to prevent destruction of evidence.
My recommendation is to read through the DOJ "Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations" document. There is extensive case law around searching and seizing evidence and also a good section on search incident to arrest. In addition, you will find information on "closed container" case law.
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Hope this helps
Jeromey
Interestingly I just read up on S&S by TSA on Greyhound bus in FL.
I wonder what would (not should) happen if I refuse to open my Pelikan case under my 4th amendment rights.
Can you cite the case?
News, not cases.
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Interestingly I just read up on S&S by TSA on Greyhound bus in FL.
I wonder what would (not should) happen if I refuse to open my Pelikan case under my 4th amendment rights.
Can you cite the case?
News, not cases.
http//
www.infowars.com/tsa-searches-greyhound-bus-passengers/ http//
www.youtube.com/watch?v=rEiMvu6svgw&feature=player_embedded http//
www.kcci.com/r/28275373/detail.html
Interesting. The Infowars link says they were subject to metal detector and their bags to screening. If this went to court, I'd be surprised if the court ruled against the TSA. The need for transportation security trumps such a minimal intrusion, I think.
I'd be interested in hearing more from the KCCI story, since it only alleged racial profiling, but didn't give any real details on how.
probable cause