Monthly Archives: November 2011

Search Incident to Arrest – Cell Phones

In United States v. Finley, 477 F.3d 250 (5th Cir. 2007), the Fifth Circuit Court of Appeals ruled that law enforcement officers may search cell phones incident to a lawful arrest. Citing both United States v. Robinson, 414 U.S. 218 (1973) and New York v. Belton, 453 U.S. 454 (1981), the Court stated “Police officers [...]

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Search Incident to Arrest – Arizona v. Gant

After many years of expanding the scope of the search incident to arrest doctrine, the United States Supreme Court took a step back in Arizona v. Gant, 556 U.S. 332 (2009). Acting on an anonymous tip that a residence in Tucson was being used to sell drugs, two Tucson police officers knocked on the front [...]

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