i hope that this one gets overturned by scotus

[Cancel 2018. 3]

so a person who is arrested is a criminal - what ever happened to innocent until proven guilty

there is no such theory or law in this country

 

[SmarterthanYou]

Now if the arrest was determined to be unwarranted then I belve the evidece from the laptop or phone should be dismissed as FOTPT.

as a lawyer, I am going to assume you forgot about the good faith exception that the SCOTUS delivered to law enforcement.

 

[SmarterthanYou]

there is no such theory or law in this country

 

[Cancel 2018. 3]

On what grounds is it reasonable to search a laptop or phone? None of the reasons justifying a search incident to arrest are remotely applicable. If they have probable cause to believe evidence of a crime is on the phone or laptop, once you are arrested and they have it in their possession they can get a warrant to search it.

exactly....and the decision states (albeit a footnote) that there is an expectation of privacy regarding your cell phone text messages and it states exigent circumstances did not exist that required the cell phone to be searched as the search occurred an hour and half later

horrible decision

 

[Cancel 2018. 3]

link up bad boy

 

[Jarod]

On what grounds is it reasonable to search a laptop or phone? None of the reasons justifying a search incident to arrest are remotely applicable. If they have probable cause to believe evidence of a crime is on the phone or laptop, once you are arrested and they have it in their possession they can get a warrant to search it.

Its called SILA... Search Incident to a Lawfull Arrest.

 

[Schadenfreude]

there is no such theory or law in this country

surely something by scotus - if not where did the phrase come from?

 

[Bonestorm]

Its called SILA... Search Incident to a Lawfull Arrest.

I understand the concept. None of the reasons for the search incident to arrest exception to the warrant requirement are present with respect to a cell phone that has been taken from a person in police custody.

 

[SmarterthanYou]

link up bad boy

the presumption of innocence until proven guilty has been around for quite some time. it's based on the tenet of the government having to prove their case against the defendant.

 

[DamnYankee]