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N.D. Ga.: Search incident of cell phone was shown to be with exigent circumstances

By John Wesley Hall, Jr.

The search incident of defendant’s cell phone was shown to be with exigent circumstances because the government showed a risk of the phone losing its data before a warrant could be obtained, including remote “wiping” of the phone. United States v. Salgado, 2010 U.S. Dist. LEXIS 77266 (N.D. Ga. June 15, 2010)* (surveying the case law). [I think that the cases are too deferential of exigence, like Belton, and this situation cries out for real litigation.] The stop of defendant’s vehicle was an investigative stop for threatening a woman with a gun and a baseball bat. Defendant was likely under the influence, so the stop was with reasonable suspicion. United States v. Camacho, 2009 U.S. Dist. LEXIS 129373 (D. Neb. June 24, 2009)...continue to full post

Full post as published by Fourth Amendment on August 05, 2010 (boomark / email).