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Criminal Law

: Fourth Amendment

Search incident of only cellphone's address book and call history was valid

By John Wesley Hall, Jr.

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Search incident of only cellphone's address book and call history was valid. United States v. Valdez, 2008 U.S. Dist. LEXIS 9995 (E.D. Wis. February 8, 2008): In United States v. Rodriguez, 995 F.2d 776, 777 (7th Cir. 1993), officers seized the defendant's personal address book following his arrest and photocopied each of its pages, learning that the book contained the phone number of a co-conspirator. The court upheld the search as valid incident to arrest, and upheld the photocopying of the contents of the book as a permissible attempt to preserve evidence. Id. at 778. Finally, in United States v. Ortiz, 84 F.3d 977, 984 (7th Cir. 1996), the court approved the activation and retrieval of information from a pager seized incident to arrest...continue to full post

Full post as published by Fourth Amendment on February 14, 2008 (boomark / email).

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