Significant Posner Decision on a Cell Phone Search Incident to Arrest

This wikilog article is a draft, it was not published yet.

by: Ryan • March 3, 2012 • no comments

I have no doubt we will be revisiting this issue in much greater depth in future posts. But for now, I'd just like to alert you to this opinion from the 7th Circuit.

The opinion itself is far more broad than its relatively narrow holding, but it provides guidance on how to frame the various arguments correctly, including your response to the state's inevitable exigency claim that some unknown co-conspirator could wipe the phone's contents by long-distance before a warrant could be obtained.