Search Incident to Arrest Exception Plays Catch Up: Why Police May No Longer Search Cell Phones Incident to Arrest without a Warrant, The

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Oxton, Chelsea

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2010

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Journal Article

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INTRODUCTION|On November 3, 2009, Christian Taylor ("Taylor") went into a Sprint PCS store in San Mateo, California and attempted to purchase thirty Blackberry cell phones. Taylor gave the store clerk a southern California address for a company called "Hype Agency." When store representatives tried to contact the company's owner, the owner claimed she did not know Taylor. The store clerk grew suspicious and called the San Mateo, California police. When the police officers arrived, they arrested Taylor for unauthorized use of personal identifying information. The police officers searched Taylor's person following the arrest and found Taylor's iPhone. The police officers scrolled through Taylor's email, text messages, photos, call history, and contact list...

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43 Creighton L. Rev. 1157 (2009-2010)

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Creighton University School of Law

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