Tuesday, January 4, 2011

Warrantless cellphone search OK in California, but not in Ohio

Earlier today I wrote about the decision by the California Supreme Court to permit warrantless searches of cell phones in searches incident to a lawful arrest.  Here is a case from December 2009 from the Ohio Supreme Court which has similar facts but the court ultimately came to a different conclusion.  With conflicting rulings from two separate state supreme courts (and a federal district court), the issue will likely to get more attention from the Supreme Court.

State v. Smith

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