Searching without w...
 
Notifications
Clear all

Searching without warrant?

4 Posts
3 Users
0 Likes
382 Views
(@secureguy)
Posts: 10
Active Member
Topic starter
 

Let say a person wss arrested by selling drugs on the street. Would it be legal to search the person's property (home computer, notes, mails, …) without a search warrant since the person was already arrested?

 
Posted : 28/01/2008 11:04 pm
 dcso
(@dcso)
Posts: 31
Eminent Member
 

Google for "search incident to arrest". The police can search the suspect's immediate area, but cannot search a different location without a warrant.

 
Posted : 28/01/2008 11:28 pm
(@sykotick)
Posts: 12
Active Member
 

I have also heard police will need a search warrant for a cell phone on the suspect. They can search pagers for incrimating numbers but a few judges have ruled the cell phones are analogous to computers and need search warrants. Not sure if that is always the case or not.

 
Posted : 29/01/2008 12:22 am
 dcso
(@dcso)
Posts: 31
Eminent Member
 

Just as an FYI, there has been some case law that allows for search of cell phones incident to arrest, but prior to completing the booking process.

In US v. Jacob Pierce Finley the ruling was that a cellphone is considered a "container" in which the police do not need a warrant to search as part of the arrest process.

Keep in mind I'm not a lawyer, so don't explicitly trust me on this. D

 
Posted : 29/01/2008 2:25 am
Share: