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