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Posts tagged "cell phone"

Consent to Examine Mobile Phone Was Valid

Consent is one of the specific exceptions to the general requirement that law enforcement authorities must have a valid search warrant prior to a constitutional search (where there is also a reasonable expectation of privacy). Under Tennessee law, a person has a reasonable expectation of privacy in the contents of the person's cell phone in his or her possession (an abandoned phone may be a different story). A police officer may only search the contents of the phone if there is a valid search warrant to do so or if one of the recognized exceptions to the warrant requirement is present. In the recent case of State v. Kohlmeyer, M2014-01359-CCA-R3-CD (Tenn.Crim.App. 7-7-2015), the Tennessee Court of Criminal Appeals affirmed a trial court decision that an examination of the defendant's cell phone was valid, due to the defendant having consented to it.

Warrantless Searches of Parolees Are Reasonable

In criminal cases in the United States, warrantless searches generally require some established exception to the warrant requirement in order to be considered reasonable. Consent is one exception. In Tennessee, a person granted parole is required to consent to being subject to warrantless searches as one of the conditions of being on parole. Both the United States Supreme Court and the Tennessee Supreme Court have determined this requirement to be reasonable and constitutional. In the recent Tennessee case of State v. Cotham, M2012-01150-CCA-R3-CD (Tenn.Crim.App. 7-31-2014), the Court of Criminal Appeals affirmed a trial court ruling that a defendant subject to parole supervision in Tennessee had no legal basis to contest a warrantless acquisition of cell phone tracking data which led to the discovery of further evidence.

Warrantless Searches of Parolees Are Reasonable

In criminal cases in the United States, warrantless searches generally require some established exception to the warrant requirement in order to be considered reasonable. Consent is one exception. In Tennessee, a person granted parole is required to consent to being subject to warrantless searches as one of the conditions of being on parole. Both the United States Supreme Court and the Tennessee Supreme Court have determined this requirement to be reasonable and constitutional. In the recent Tennessee case of State v. Cotham, M2012-01150-CCA-R3-CD (Tenn.Crim.App. 7-31-2014), the Court of Criminal Appeals affirmed a trial court ruling that a defendant subject to parole supervision in Tennessee had no legal basis to contest a warrantless acquisition of cell phone tracking data which led to the discovery of further evidence.

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