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Posts tagged "search & seizure"

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.

Search Warrant for Computer Upheld

A search warrant is formal judicial authorization for a search and/or seizure of property which may contain evidence of a crime. It requires a probable cause to suspect the property may contain evidence of a crime. It requires a 'nexus' between the suspected criminal activity and the property to be searched and/or seized. The evidence supporting the basis for the warrant is usually provided by affidavit. In a subsequent legal challenge to the issuance or validity of the warrant, a court must determine whether the affidavit contains sufficient information upon which to authorize the search in question. In the recent Tennessee case of State v. McCoy, E2013-02138-CCA-R3-CD (Tenn.Crim.App. 5-27-2014), the Court of Criminal Appeals upheld a search warrant for a computer based on suspected criminal online communication.

Search Warrant for Computer Upheld

A search warrant is formal judicial authorization for a search and/or seizure of property which may contain evidence of a crime. It requires a probable cause to suspect the property may contain evidence of a crime. It requires a 'nexus' between the suspected criminal activity and the property to be searched and/or seized. The evidence supporting the basis for the warrant is usually provided by affidavit. In a subsequent legal challenge to the issuance or validity of the warrant, a court must determine whether the affidavit contains sufficient information upon which to authorize the search in question. In the recent Tennessee case of State v. McCoy, E2013-02138-CCA-R3-CD (Tenn.Crim.App. 5-27-2014), the Court of Criminal Appeals upheld a search warrant for a computer based on suspected criminal online communication.

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