Court Rejects Evidence From Warrantless Search Of Phone Six Years After The Gov't Seized It

Court Rejects Evidence From Warrantless Search Of Phone Six Years After The Gov't Seized It

6 years ago
Anonymous $dicfOfy7s2

https://www.techdirt.com/articles/20180722/11155240286/court-rejects-evidence-warrantless-search-phone-six-years-after-govt-seized-it.shtml

There are a number of exceptions to warrant requirements, and the government is willing to utilize every one of them to salvage evidence obtained from an illegal search. Sometimes the arguments work. Other times -- like in this instance where six years elapsed between searches -- there's no credible argument for failing to seek a warrant. (via FourthAmendment.com)

Jason Gandy's cellphone was seized and searched "at an international border" in 2012. The phone was held for 48 hours for a forensic search. This did not reveal the contents of the phone, but created an electronic record of what was contained on the phone. The court's description says the search only produced a "technical description" of the phone's contents, but did not expose the contents themselves.

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