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A search warrant is necessary before examining a suspect’s cell phone, unless there is an issue of safety. |
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Supreme Court of California |
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Police officers can search a suspect’s cell phone without a warrant. |
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used ahigh-tech mobile forensics device (Cellebrite UFED) to extract information from cell phones belonging to motorists stopped for minor traffic violations. |
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Circuit ruled that the police did not violate the 4th Amendment when they searched a cell phone for its number without a warrant. |
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ruled that police officers can search a suspect’s cell phone without a warrant, provided the device is with the suspect at the time of the arrest. It can be searched just as a wallet can be searched. |
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ruled that police do not need a search warrant to search call logs on a suspect's phone following an arrest. |
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"persons, houses, papers, and effects." |
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the particularity requirement |
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states that warrants shall "particularly describe the place to be searched." |
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An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence. |
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I am the owner of the phone and I ask you to analyze all of the traffic the call logs and text messages.
You found illicit pictures and share them with my spouse. |
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Wiretapping is also known as Lawful Interception.
1967 U.S. Supreme Court ruled that wiretapping (or “intercepting communications”) requires a warrant in the Katz v. United States case.
1968 Congress passed a law that provided warrants for wiretapping in criminal investigations.
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Provide Appropriate Tools Required to Intercept and Obstruct Terrorism |
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Foreign Intelligence Surveillance Court |
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Communications Assistance for Law Enforcement Act Passed in 1994 by President Clinton.
Purpose: To make clear a telecommunications carrier's duty to cooperate in the interception of communications for Law Enforcement purposes, and for other purposes |
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