Category Archives: SEARCH & SEIZURE

SEARCH OF CELL PHONES – LANDMARK SUPREME COURT DECISION (14-11)

search cell phoneQUESTION: After arresting a suspect, can law enforcement search the suspect’s cell phone incident to arrest without first obtaining a search warrant?

ANSWER NO! On June 25, 2014, in a landmark decision, the United States Supreme Court in Riley v. California, 573 U.S. _______ (2014), unanimously held that the search incident to arrest exception does not extend to a cell phone and that the warrantless search of digital contents of a cell phone during an arrest is unconstitutional.

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PendletonUpdate14-11

MINNESOTA HANDBOOK ON MOTOR VEHICLE STOPS & WARRANTLESS SEARCHES (14-09)

Minnesota Handbook on Motor Vehicle Stops and Warrantless SearchesWHAT IS THE HANDBOOK? The Handbook is designed to provide judges, attorneys and law enforcement officers with a comprehensive reference guide to the laws governing motor vehicle stops and the seven (7) exceptions to the Fourth Amendment warrant requirement under which warrantless searches of motor vehicles may be justified. The Handbook is broken down into the following chapters:

  1. Motor Vehicle Stops;
  2. Search Incident to Arrest;
  3. Plain View Seizure of Evidence;
  4. Probable Cause Search for Evidence;
  5. Inventory Search;
  6. Protective Weapons Search;
  7. Consent Search;
  8. Medical Emergency Search;
  9. Overview.

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https://blogpendleton.files.wordpress.com/2014/07/handbook-on-motor-vehicle-stops-warrantless-searches.docx