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Home / Opinion Digests / Criminal Law / Seizing phone ‘within inches’ of defendant was lawful (access required)

Seizing phone ‘within inches’ of defendant was lawful (access required)

Where the police had a lawful basis to arrest the defendant, whose phone was “within inches” of his hands at the time the police approached him, the phone was properly seized as a search incident to arrest related to child pornography. Background On May 5, 2020, the government filed a superseding indictment, charging defendant with four counts ...