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Lap Top Search Incident To Arrest

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hcso1510
(@hcso1510)
Posts: 303
Reputable Member
Topic starter
 

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!

 
Posted : 20/06/2011 6:05 am
(@miket065)
Posts: 187
Estimable Member
 

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…

 
Posted : 20/06/2011 6:21 am
hcso1510
(@hcso1510)
Posts: 303
Reputable Member
Topic starter
 

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,

 
Posted : 20/06/2011 6:57 am
(@twjolson)
Posts: 417
Honorable Member
 

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.

 
Posted : 20/06/2011 2:02 pm
jhup
 jhup
(@jhup)
Posts: 1442
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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.

 
Posted : 20/06/2011 9:49 pm
jeromey
(@jeromey)
Posts: 3
New Member
 

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.

http//www.justice.gov/criminal/cybercrime/ssmanual/ssmanual2009.pdf

Hope this helps
Jeromey

 
Posted : 20/06/2011 9:51 pm
(@twjolson)
Posts: 417
Honorable Member
 

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?

 
Posted : 20/06/2011 11:32 pm
jhup
 jhup
(@jhup)
Posts: 1442
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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

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?

 
Posted : 21/06/2011 2:50 am
(@twjolson)
Posts: 417
Honorable Member
 

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.

 
Posted : 21/06/2011 5:22 am
jhup
 jhup
(@jhup)
Posts: 1442
Noble Member
 

probable cause

 
Posted : 21/06/2011 6:42 am
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