[Infowarrior] - California: Appeals Court Approves Cell Phone Search During Traffic Stop
Richard Forno
rforno at infowarrior.org
Thu Oct 6 19:55:55 CDT 2011
http://www.thenewspaper.com/news/36/3603.asp
California: Appeals Court Approves Cell Phone Search During Traffic Stop
"In sum, it is our conclusion that, after Reid [Nottoli] was arrested
for being under the influence, it was reasonable to believe that
evidence relevant to that offense might be found in his vehicle,"
Justice Franklin D. Elia wrote for the three-judge panel. "Consequently,
the deputies had unqualified authority under Gant to search the
passenger compartment of the vehicle and any container found therein,
including Reid's cell phone. It is up to the US Supreme Court to
impose any greater limits on officers' authority to search incident
to arrest." The court reversed the lower court's order suppressing
the evidence, but the decision was made solely to set legal precedent.
Reid Nottoli died on September 4.
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