To quickly summarize the article below deals with what constitutes warrant less seizure of a cell phone when a suspect is apprehended by law enforcement.
http://articles.techrepublic.com.com/2100-1009_11-6187389.html?tag=nl.e118
After reading the article several times I felt compelled to at least comment on its relevancy insofar as laws regarding the seizure of information and the devices it is stored upon emerge and evolve.
Motion for exclusion of any evidence obtained from the cell phone in the above case in PDF format:
http://www.politechbot.com/docs/cell.phone.4a.brief.052907.pdf
This case has interesting ramifications as precedent is set. As the lines between cellphones, PDAs and laptops continue to blur will warrants have to be issued where granularity and specificity become commonplace as to what can be searched and what is off limits? If there is a shortcoming in the level of detail in the aforementioned warrant what valuable information inaccessible for building a case?
What are your thoughts?
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