Monday, August 21, 2017

Cops can inventory phone without a warrant or consent depending if it has a removable battery or not?

I saw on live PD a cop ask the owner of a cell phone if it had a removable battery or not. The owner looked confused and I believe the owner said "no" and then the cop Said something like "ok,I'm taking it for inventory then". It was hard to hear the owners answer cus he was in the background and it's live TV, plus it was a quick scene and I can't rewind. I didn't see if he gave consent to search or probable cause. He was in cuffs but may of been detained not arressted and I'm sure the car was going to be towed since inventory was being taken. So if the phone battery is not removable is it considered something else like a MDT or MDC? If it is considered something like a MDC (or other computer device) then they won't need a warrant to search the contents if the officer believes it contains incriminating evidence pertaining to the arrest? I read that if a cop has probable cause to believe your computer has illegal or incriminating evidence that they don't need a warrant to search its data and you don't have to give them the password but they will take it to inventory and take you to court to get the password. So is there a difference on what a cop can or can't do with or without your permission with a cell phone(modern android/iPhone) that has a removable battery or not?

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