FREE e-Newsletter
Important News - Hot Topics
Get them Now!

DrugTest 5000 - Draeger Safety Diagnostics Inc
In the past, roadside drug screening has been difficult because it involved the...

Exclusive Webinar!

Originally aired: June 17, 2014  ‚óŹ 2PM EST

View Webinar Archive Here

Integrated Law Enforcement Complements and Completes Law Enforcement Capabilities

Discover how the combination of intelligence analysis, lead generation, agency collaboration, and communications integration can help you uncover issues faster and take action sooner. Learn how innovative IBM law enforcement solutions can extend the capabilities within your organization to deal with new and emerging threats, improve officer safety, reduce criminal activity, and protect the public. 

Join IBM industry expert Stephen Dalzell and members from the MDPD, IT and homeland security departments of the Miami Dade police department to hear more!

Click here to view archive

 

Top News

Ohio Supreme Court Rules Warrant Needed To Search Cell Phones

December 17, 2009  | 


Image via samantha celera (Flickr.com).

Ohio patrol officers looking to gather evidence from the cell phones of people they question will now need a search warrant, following a ruling by that state's high court.

A split Ohio Supreme Court ruled that police must have a warrant to seize and search through the cell phone of a person they are arresting, unless an officer's safety is in immediate danger, Cleveland.com reports.

The decision stemmed from the arrest of Antwaun Smith on drug-related charges after Smith responded to a call to his cell phone that had been placed by a crack cocaine user acting as a police informant, according to the decision.

During the arrest, police searched Smith and found a cell phone on his person. The arresting officer put the cell phone in his pocket and placed Smith in a cruiser, then searched the scene for evidence.

Later, police recovered bags containing crack cocaine at the scene. Officers subsequently searched the contents of Smith's phone without a search warrant or his consent. They discovered call records and stored numbers that confirmed prior calls between Smith's phone and the informant's phone number.

Smith was charged with possession of cocaine, trafficking in cocaine, tampering with evidence and two counts of possession of criminal tools.

The court provides additional explanation of its 4-3 majority decision on its website, including a PDF of the majority opinion, as well as video of oral arguments of the case.

Read the full story.

Tags: Search and Seizure, Fourth Amendment, Text Messaging


Comments (1)

Displaying 1 - 1 of 1

POLICEDIVER16773 @ 12/17/2009 1:52 PM

What next?? Cut off one of our hands so we can really do a half-as**d job?? How do some of these Judges make it to a level such as a Supreme Court. Put them all back in traffic court!!

Join the Discussion





POLICE Magazine does not tolerate comments that include profanity, personal attacks or antisocial behavior (such as "spamming" or "trolling"). This and other inappropriate content or material will be removed. We reserve the right to block any user who violates this, including removing all content posted by that user.

Other Recent News

NYPD Officers Warned Against Using Their Smartphones On Duty
A recent NYPD order prohibits officers from taking photos or video and audio recordings...
What Happens When Police Wear Body Cameras
Use of on-body video cameras by law enforcement officers can lead to a decline in use of...
Facial Recognition Nabs 14-Year Fugitive in Nepal, FBI Says
A U.S. fugitive on the lam for 14 years in connection with child sex abuse and kidnapping...
Video: WatchGuard Dash Cameras Capture Pursuit of Mich. Murder Suspect
The WatchGuard dash camera video of three Lake County (Mich.) Sheriff's Department...
New York City Advocate Calls for NYPD to Use Body Cams
"Simply rewriting the rules is not enough," said James, apparently referring to Bratton's...

Get Your FREE Trial Issue and Win a Gift! Subscribe Today!
Yes! Please rush me my FREE TRIAL ISSUE of POLICE magazine and FREE Officer Survival Guide with tips and tactics to help me safely get out of 10 different situations.

Just fill in the form to the right and click the button to receive your FREE Trial Issue.

If POLICE does not satisfy you, just write "cancel" on the invoice and send it back. You'll pay nothing, and the FREE issue is yours to keep. If you enjoy POLICE, pay only $25 for a full one-year subscription (12 issues in all). Enjoy a savings of nearly 60% off the cover price!

Offer valid in US only. Outside U.S., click here.
It's easy! Just fill in the form below and click the red button to receive your FREE Trial Issue.
First Name:
Last Name:
Rank:
Agency:
Address:
City:
State:
  
Zip Code:
 
Country:
We respect your privacy. Please let us know if the address provided is your home, as your RANK / AGENCY will not be included on the mailing label.
E-mail Address:

Police Magazine