Quote:
Originally Posted by Ch2tf
MC so how is the cell phone different than say a lap top? (Not being snarky, I'm actually curious).
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I guess the short answer is that it may not be different.
The principle involved is that a search incident to an arrest does not require a warrant -- that the Fourth Amendment does not prevent police officers from searching a person at the time of arrest in order to ascertain whether the person has weapons or to preserve evidence that otherwise could be destroyed. Such a search is limited to the person being arrested (that's why cell phones come into play, as they are often in pockets or on holsters) or within arm's reach.
I don't know of a case involving laptops as part of a search incident to an arrest, but the same principles could apply, at least until SCOTUS says otherwise (or a state adopts a law requiring a warrant to search laptops).
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