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Criminal Law

: Fourth Amendment

CA3: Handing cell phone to LEO to open text messages was a waiver of expectation of privacy

By John Wesley Hall, Jr.

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Defendant came to a Pennsylvania police station with his cell phone complaining of threatening text messages from a person in Ohio. He handed the cell phone to the officer sitting at the duty desk who was pushing buttons trying to make the text messages come up when the officer saw child pornography on the phone. By handing the phone over for the officer to look at it and try to open the text messages, defendant waived his expectation of privacy in the phone. He might have retained it if he opened the text messages and showed them instead. United States v. Coates, 2012 U.S. App. LEXIS 3582 (3d Cir. February 23, 2012) (unpublished): [I]t is abundantly clear that Coates did not possess a legitimate expectation of privacy in the contents of his cell phone...continue to full post

Full post as published by Fourth Amendment on February 25, 2012 (boomark / email).

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