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).
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