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S.D.Ill.: Seizure of cell phone for CP images was with PC and exigent circumstances

By John Wesley Hall, Jr.

A CI told the police defendant had sexually explicit pictures of children on his cell phone, which defendant had shown the CI. Officers talked to two girls who were in the pictures who confirmed their identity. Officers had probable cause and exigent circumstances to seize the cell phone to secure it to get a search warrant to search it. The officers were concerned that the CI might have a change of heart and tipoff the defendant who could then have the opportunity to erase the pictures. A six day delay (including a weekend) in obtaining a search warrant for the cell phone was not unreasonable under the circumstances. United States v. Burgard, 2011 U.S. Dist. LEXIS 9893 (S.D. Ill. February 2, 2011). Defendant’s refusal to talk to the police in jail after being Mirandized did not amount to a refusal to consent to a search...continue to full post

Full post as published by Fourth Amendment on February 05, 2011 (boomark / email).