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Riley v. California, 573 U.S. 373 (2014), [1] is a landmark United States Supreme Court case in which the court ruled that the warrantless search and seizure of the digital contents of a cell phone during an arrest is unconstitutional under the Fourth Amendment.
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.
California v. Acevedo , 500 U.S. 565 (1991), was a decision of the United States Supreme Court , which interpreted the Carroll doctrine to provide one rule to govern all automobile searches. The Court stated, "The police may search an automobile and the containers within it where they have probable cause to believe contraband or evidence is ...
California law states police can only search your phone under these conditions.
Chimel v. California, 395 U.S. 752 (1969), was a 1969 United States Supreme Court case in which the court held that police officers arresting a person at his home could not search the entire home without a search warrant, but that police may search the area within immediate reach of the person without a warrant. [1]
Warrantless search incident to arrest must be contemporaneous with and in general vicinity of arrest to be reasonable; consent from hotel personnel, even in management, is insufficient to permit search of guest room without warrant. California Court of Appeal, Second District, reversed and remanded. Court membership; Chief Justice Earl Warren
Getting a search warrant is a process that begins in a police department with an application and ends with a specific and restricted list of items allowed to be seized from a given premises.
California that a person’s cell phone can’t be searched by law enforcement without a valid warrant because there’s a reasonable expectation of privacy. While an officer can ask to look at ...