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Fourth Amendment news

By John Wesley Hall, Jr.

Cell phone SI invalid In the Santa Cruz, a trial judge ruled that a police search incident of a cell phone violated the Fourth Amendment, apparently gutting the case against the accused. See Judge's ruling that Blackberry search was improper guts guns, drug case by Cathy Kelly in the Mercury News. Judge Robert Atack Friday gutted felony gun and drug charges against a Larkin Valley father and son, ruling that deputies erred in looking through the son's Blackberry during a search of his car. Atack said the son, 25-year-old Reid Nottoli, had a reasonable expectation of privacy for the device and that a deputy did not have sufficient grounds to invade that privacy. . . . The search warrant for the property was obtained largely due to photos of weapons in the Blackberry, including a wallpaper image in which a masked man wearing a white robe was holding two large rifles aloft...continue to full post

Full post as published by Fourth Amendment on March 14, 2010 (boomark / email).