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Federal law search and seizure. See 9th Circuit case, U.S. v. Camou,
opinion date 12/11/14, #12-50598.

1. 9th Circuit Court held that denial of defendant’s motion to suppress images of child pornography was error where the warrant-less search of the cell phone was not roughly contemporaneous with the defendant’s arrest and, therefore, not a search incident to arrest.

2. The government failed to show exigent circumstances requiring immediate police action and, in any event, the scope of the search was permissibly over-broad.

3. Cell phones are not “containers” for purposes of the vehicle exception to the warrant requirement (ordinarily closed containers must be searched only after securing a warrant except when in a vehicle; there is no such exception for search of a cell phone and a warrant is required).

This post is provided to the public searching for information regarding Criminal Defense so they can know their rights. If you have further questions on how this may impact you or your case, please give Veralrud and Fowler a call at 1-541-345-3333 .

 

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