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N.D.Cal.: SI of iPhone was reasonable

By John Wesley Hall, Jr.

Contemporaneous search incident of an iPhone was justified under all the cases that deal with pre-technology search incidents of closed containers. United States v. Hill, 2011 U.S. Dist. LEXIS 4104 (N.D. Cal. January 10, 2011): This Court recognizes that many modern cell phones, like computers, are capable of storing large amounts of personal information. However, absent guidance from the Supreme Court or the Ninth Circuit, the Court is unwilling to conclude that a cell-phone that is found in a defendant's clothing and on his person, as is the case here, should not be considered an element of the person's clothing. Accordingly, the Court concludes that, on the facts of this case, Hill's iPhone should not be treated any differently than, for example, a wallet taken from a defendant's person...continue to full post

Full post as published by Fourth Amendment on January 20, 2011 (boomark / email).