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[DOWNLOAD] "Constitutional Law - Warrants Required to Search Cell Phones Seized Incident to Arrest - State V. Smith." by Suffolk University Law Review # eBook PDF Kindle ePub Free

Constitutional Law - Warrants Required to Search Cell Phones Seized Incident to Arrest - State V. Smith.

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eBook details

  • Title: Constitutional Law - Warrants Required to Search Cell Phones Seized Incident to Arrest - State V. Smith.
  • Author : Suffolk University Law Review
  • Release Date : January 01, 2011
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 274 KB

Description

The Fourth Amendment to the United States Constitution guarantees that persons shall be free from searches that invade their reasonable expectation of privacy without a warrant issued on the basis of probable cause. (1) Search incident to an arrest represents one of four primary exceptions to the requirement for search warrants. (2) In State v. Smith, (3) the Supreme Court of Ohio confronted a modern question about the scope of searches incident to arrest: when police arrest a person with a cell phone, may the arresting officers search the information stored in the phone? (4) Concluding that a cell phone should not be characterized as a closed container, the Supreme Court of Ohio held that a cell phone's storage capacity creates and justifies a high expectation of privacy in the cell phone's stored information and the state may not invade that interest without a warrant. (5) On January 21, 2007, the Beavercreek Police arrested Antwaun Smith prior to a crack cocaine sale. (6) During Smith's arrest, the police seized and later searched his cell phone without a warrant or Smith's consent. (7) After his indictment, Smith filed a pretrial motion to suppress the evidence obtained by searching his cell phone. (8) During the trial, the court relied on United States v. Finley (9) to allow testimony regarding Smith's call records and phone numbers discovered during the search. (10) A jury found Smith guilty and the trial court imposed a sentence of imprisonment. (11)


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