Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA4: Search incident of cell phone was valid, without analysis

By John Wesley Hall, Jr.

Defendant was arrested for identity fraud, and officers looked in his cell phone, and that information ended up in the search warrant. The cell phone search was not unreasonable [, without much explanation, and the court conceivably could have just said it was struck from the affidavit and the SW's still good]. United States v. Arellano, 2011 U.S. App. LEXIS 2528 (4th Cir. February 8, 2011) (unpublished): Given the presence of business cards related to producing photographs for false identification cards and containing a printed phone number, in close proximity to the cell phone which appeared to be Appellant’s, and 14 suspected false identification cards, law enforcement agents reasonably looked to the cell phone for evidence of Arellano’s unlawful activity...continue to full post

Full post as published by Fourth Amendment on February 12, 2011 (boomark / email).