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- Title
Cell Phone Searches in a Digital World: Incorporating Function as well as Form in Fourth Amendment Analysis.
- Authors
Friedland, Steven I.
- Abstract
The article suggests considering the specific functionality of cell phones as a solution for cell phone searches incident to arrest. It further discusses a cell phone, the basic doctrine for searches incident to a lawful arrest and the loophole split in the case law. It also explores the reason behind failure of existing analogies based on pre-digital physical reality and proposes the use of functionality in evaluating whether the police conducted a lawful search of a cell phone incident.
- Subjects
SEARCHES &; seizures of cell phones; ARREST; CELL phones; WARRANTS (Law); JUDGE-made law
- Publication
Texas Journal on Civil Liberties & Civil Rights, 2014, Vol 19, Issue 2, p217
- ISSN
1930-2045
- Publication type
Article