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Cell Phone at Murder Scene

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/6821060681

January 15, 2009, 14:16
MWS
Cell Phone at Murder Scene
Cell phone is found at murder scene. Do the officers have to stop and get a search warrant to look at the calls & texts?
January 15, 2009, 14:21
MWS
There is no constitutional protection against the search or seizure of abandoned property. If the owner or possessor of property has voluntarily thrown it away or left it behind, the government is entitled to appropriate the property, without any need for a search warrant [ Abel v. United States, 362 U.S. 217, 241, 80 S. Ct. 683, 4 L. Ed. 2d 668 (1960).

Please excuse the hasty, in-a-panic post.
January 15, 2009, 19:18
DPB
That works so long as the crime scene isn't in a home and the phone belongs to a resident. But I figure that is not your situation.
January 16, 2009, 13:52
MWS
No, that is not my situation. Thanks for the follow up, though.