{"id":26767,"date":"2017-04-14T08:54:24","date_gmt":"2017-04-14T13:54:24","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=26767"},"modified":"2017-04-14T08:54:24","modified_gmt":"2017-04-14T13:54:24","slug":"e-d-mich-seizure-of-cell-phone-to-preserve-its-evidence-for-a-sw-was-reasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=26767","title":{"rendered":"E.D.Mich.: Seizure of cell phone to preserve its evidence for a SW was reasonable"},"content":{"rendered":"<p>Seizure of defendant\u2019s cell phone found near him when he was arrested was reasonable to preserve evidence until a search warrant could be obtained. United States v. Hamilton, 2017 U.S. Dist. LEXIS 54953 (E.D. Mich. April 11, 2017):<br \/>\n<!--more--><\/p>\n<blockquote><p>The &#8220;practice of seizing an item based on probable cause in order to secure a search warrant for it&#8221; is permissible to prevent loss or destruction of suspected contraband or evidence of a crime. Citing United States v. Respress, 9 F.3d 483, 486, 488 (6th Cir. 1993) (such an item cannot sit in evidence too long before law enforcement seeks a search warrant\u2014the warrant must be pursued diligently). The Government cites the Supreme Court&#8217;s recognition that cellular phones are vulnerable to evidence destruction even after a suspect is in custody because digital data can be &#8220;wiped&#8221; remotely; police may even take steps to protect that data by placing the phone in a Faraday bag or removing its battery. See Riley, 134 S.Ct. at 2486-87; Place, 462 U.S. at 701.\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Seizure of defendant\u2019s cell phone found near him when he was arrested was reasonable to preserve evidence until a search warrant could be obtained. United States v. Hamilton, 2017 U.S. Dist. LEXIS 54953 (E.D. Mich. April 11, 2017):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,26,69],"tags":[],"class_list":["post-26767","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-search-incident","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26767","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=26767"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26767\/revisions"}],"predecessor-version":[{"id":26768,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26767\/revisions\/26768"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26767"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26767"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26767"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}