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CA5: SI of cellphone failed because there was no PC for arrest

By John Wesley Hall, Jr.

Officers responding to gunshots had at least reasonable suspicion, if not probable cause, to enter to look for victims. Brigham City does not require probable cause, just reason to believe. United States v. Gambino-Zavala, 2008 U.S. App. LEXIS 18152 (10th Cir. August 25, 2008). Search incident of cellphone failed because officers did not have probable cause (although they did have reasonable suspicion) for defendant's arrest. United States v. Zavala, 2008 U.S. App. LEXIS 18132 (5th Cir. August 22, 2008).*

Full post as published by Fourth Amendment on August 27, 2008 (boomark / email).