Warrantless Searches of Vehicles;  Searching Cellphones;  Questioning In-Custody Witnesses
Robert Phillips
Robert Phillips
  • Ref # CAC00047
  • September 10, 2021

Warrantless Searches of Vehicles; Searching Cellphones; Questioning In-Custody Witnesses

CASE LAW
  • Warrantless Vehicle Searches and the Automobile Exception
  • Seizure of Relevant Evidence in Plain Sight
  • Searches of Cellphones, With and Without a Search Warrant
  • Miranda and the Questioning of an In-Custody Suspect
  • Interrogation vs. Questioning
RULES

The “Automobile Exception” being one of the recognized exceptions to the search warrant requirement, a search of a vehicle without a warrant is lawful whenever there is probable cause to believe a vehicle contains evidence of criminal activity or contraband.  It is reasonable to expect that incriminating information will be found in a cellphone seized from a vehicle at the scene of a recent crime. A 15-day delay between seizure of a cellphone and searching it with a warrant is not unreasonable where the defendant neither demanded the return of his cellphone nor ....

Sign Up