The trial judge found that the swab was unconstitutional in that it did not meet the requirements of
a warrantless search incident to arrest.
Not exact matches
TROY — The veteran leader of the Troy Police Department's drug unit was indicted by a special Rensselaer County grand jury Thursday on nine misdemeanor charges tied to the alleged forgery of an
incident report to cover up the unit's
warrantless search of a home.
The veteran leader of the Troy Police Department's drug unit, Sgt. Ron Epstein, was indicted by a special Rensselaer County grand jury on nine misdemeanor charges tied to the alleged forgery of an
incident report to cover up the unit's
warrantless search of a home.
The Supreme Court of the United States» later decision in Riley v. California concluded that a
warrantless search and seizure of digital contents of a cellphone violated the Fourth Amendment, but this decision exclusively focused on the
search incident to arrest exception, and not the broader powers provided to border officials.
For example, I do not, by way of these reasons, intend to disturb the law that applies when a computer or cellular phone is
searched incident to arrest or where exigent circumstances justify a
warrantless search.
The majority allows
warrantless searches, in part, based on a finding that the privacy impact of a cell phone
search incident to arrest can be meaningfully mitigated by the application of a «tailored» inspection.
[61] The appellant argues that until the Superior Court's decision in Polius, the paradigm for analyzing the
warrantless search and seizure of cellular devices
incident to arrest was the briefcase and analogous containers such as wallets and purses.