Arrest Warrant Lawyer 2014

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Philadelphia, Pennsylvania (PRWEB) June 26, 2014

Federal Criminal Defense Lawyer, Hope Lefeber explains that the Supreme Court’s determination in Riley v. California, 2014 WL 2864483, Nos. thirteen-132 and United States v. Wurie, No. thirteen-212, is a serious victory for a person’s constitutional rights to privateness and the suitable to be free from unreasonable searches and seizures underneath the Fourth Amendment. The Supreme Court held that, absent a warrant, the police might not search the digital info on a cellphone when an individual is arrested.

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The two instances have been determined collectively based mostly upon the next information within the document. Petitioner Riley, in No. thirteen-132 was stopped for a visitors violation which ultimately led to his arrest on weapons expenses. An officer looking Riley seized a cellphone from Riley’s pants pocket and accessed info on the telephone. Noticing a time period related to a road gang, the officer had a detective specializing in gangs look at the digital contents of the telephone two hours later. Riley was then charged in reference to a gang capturing. A suppression movement was filed within the trial courtroom, which was denied and he was convicted and the California Court of Appeal affirmed. The California Supreme Court denied Riley’s petition for evaluation, App. to Pet. for Cert. in No. thirteen–132, at 24a.

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Petitioner Wurie, in No. thirteen-212, was arrested after police noticed him take part in a drug transaction. At the police station, his cellular phone was seized and the officers observed that he was receiving a number of calls from a sure caller. The officers opened the telephone, accessed the decision log and located the quantity related to the caller. They then traced the quantity to Wurie’s condominium, acquired a search warrant and located medicine, weapons and money. Wurie was expenses with drug and firearm offenses and moved to suppress the proof obtained from the search. The movement was denied, 612 E.Supp.second 104 (Mass.2009). Wurie was convicted and the Circuit Court reversed the denial of the movement to suppress and vacated the related convictions. 728 P.3d M (2013).

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Ms. Lefeber explains that this determination is crucial as a result of it defines how far the police might go in looking a cellphone. The Supreme Court, in these instances, has now dominated that the police usually might not, and not using a warrant search digital info on a cellular phone seized from a person who has been arrested, and not using a warrant. Officers might solely look at a cellular phone’s bodily points to make sure that it won’t be used as a weapon. The Supreme Court did, nevertheless, depart open the power of the police to look the digital contents of a cellular phone with no warrant the place there are exigent circumstances.

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Chief Justice Roberts famous, in his Opinion:

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“Modern cell telephones aren’t simply one other technological comfort. With all they include and all they could reveal, they maintain for a lot of Americans ‘the privacies of life.’ The incontrovertible fact that know-how now permits a person to hold such info in his hand doesn’t make the knowledge any much less worthy of the safety for which the Founders fought. Our reply to the query of what police should do earlier than looking a cellphone seized incident to an arrest is accordingly easy—get a warrant.

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Hope Lefeber is a federal legal protection lawyer in Philadelphia. With over 30 years expertise, she is acknowledged by Superlawyers and is ranked by the National Trial Lawyers as one of many prime one hundred Criminal Defense Lawyers in the USA. Ms.Lefeber’s key areas of follow embrace protection in enterprise and company fraud, mail and wire fraud, cash laundering, tax fraud and different white collar crimes, conspiracy and drug offenses. Learn extra about her at http://www.hopelefeber.com.

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