Defendant and passenger in a motor vehicle are stopped by an officer who recognizes the driver as a person who had warrants.

Subsequent search finds liquid codeine.

Defendant has a cell phone with a camera in it. Cop starts scrolling through the pictures and discovers photos of the codeine, packaging, and mixing it in the drink we found on the defendant at the stop.

The investigator thinks we may need a search warrant to look at any other pictures in the phone. It's my contention that a search warrant is not required under these circumstances.

We shut off the phone and logged it into evidence until I can resolve the question.

What do you think? Is a digital photograph in a cell phone different than reading the calls log in the phone?

Why not be cautious and request a search Warrant? Better than having it suppressed. You amy also be able to identify his partners in crime with a little help from the phone co.

I'm concerned that because he's already looked at the pictures in the phone any discovery that arises from that cursory review will be poison fruit.