Searches and Smartphones

The FBI Law Enforcement Bulletin has published an article, "Searches Incident to Arrest in the Smartphone Age," in its December 2013 issue.

The article by Jayme W. Holcomb, J.D. and Nathaniel Counts explains:

"This article follows up on an article in the February 2009 issue of the FBI Law Enforcement Bulletin entitled 'Searching Cell Phones Seized Incident to Arrest.' Since the publication of that article, smartphones have become common, and the law on searches incident to arrest of mobile communication devices has become increasingly complex. This article will explore the types of reasoning that federal courts use in deciding whether to admit evidence obtained from the search of a cell phone incident to arrest in an effort to assist law enforcement officers and prosecutors in predicting issues that may be raised in an evidentiary motion."

You can read the full article here.

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