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Because of the discovery of the concealed and loaded handguns, along with gang paraphernalia, during the vehicle search, police placed Riley under arrest and searched his cell phone without a warrant. The cell phone search yielded information indicating that Riley was a member of the Lincoln Park gang; evidence included pictures, cell phone ...
The Bill of Rights prevents law enforcement from searching cell phones during a traffic stop without a judge-issued warrant. The Fourth Amendment prohibits “unreasonable search and seizure ...
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
Katz v. United States, 389 U.S. 347 (1967), was a landmark decision of the U.S. Supreme Court in which the Court redefined what constitutes a "search" or "seizure" with regard to the protections of the Fourth Amendment to the U.S. Constitution. [1] The ruling expanded the Fourth Amendment's protections from an individual's "persons, houses ...
Search warrant application, affidavit. To apply for a search warrant, the application itself has to show that the detective has probable cause to a) believe a crime has been committed and b ...
Third-party doctrine. The third-party doctrine is a United States legal doctrine that holds that people who voluntarily give information to third parties—such as banks, phone companies, internet service providers (ISPs), and e-mail servers—have "no reasonable expectation of privacy " in that information. A lack of privacy protection allows ...
Governments can actually track cell phones in real time without a search warrant under ECPA by analyzing information as to antennae being contacted by cell phones, as long as the cell phone is used in public where visual surveillance is available. In Robbins v.
In United States criminal law, the border search exception is a doctrine that allows searches and seizures at international borders and their functional equivalent without a warrant or probable cause. [1] Generally speaking, searches within 100 miles of the border are more permissible without a warrant than those conducted elsewhere in the U.S ...
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