No Warrant? No Problem

Considering the Legality of Warrantless Cell Phone Searches


By Mark Scott, J.D., CFE

mark-scott-80x80   Fraud & the Law  

 

The Oregon Supreme Court is set to answer a question of federal constitutional law that addresses key issues regarding users' privacy rights in cell phones: Can law enforcement officers search arrestees' cell phones without a warrant? The case poses some interesting questions for fraud examiners.  


The case in question before the Oregon Supreme Court, State v. Nix (Case No. S058751), involved a defendant, James Nix, who was charged with unlawful delivery and possession of methamphetamines.


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