Illegal search

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Illegal search

Can cops search my phone with an arrest
warrant if I didn’t give them permission
to and it wasn’t in plain view?

Asked on March 13, 2018 under Criminal Law, South Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The police can search your phone with an arrest warrant because this is a search incident to an arrest.  Neither consent by you nor a search warrant is  needed for a search incident to an arrest. 
A search incident to an arrest is to protect the police and public but also to take inventory of your possessions so that you won't be able to claim an item was stolen by the police


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