Reply to post: Re: Files are not testimony

Florida man won't be compelled to reveal iPhone passcode, yet

Charles 9

Re: Files are not testimony

"The officer would still need permission to enter your house whether the door was unlocked or wide open. They will ask if they can come in and if you give them permission, you change the scenario a lot. If they can see what appears to be criminal activity in the house from your open front door, that may also give them some leeway. If there is a coffee table piled high with a white powder, a scale and a pack of little zip lock bags in plain view, you're nicked."

As I understand it, there are conditions. First, if a suspect is arrested IN the house, then a basic search can be conducted as part of the arrest, and evidence pertaining to the offense cited can be collected (eg. if a druggie is arrested in his house, then contraband found inside is germane and can be taken as evidence. Same for a suspect car if stopped while driving it and subsequently arrested). If evidence not germane to the arrest is found, a separate search warrant would be needed. Dragnet and Adam-12 (both based on actual LAPD incidents) touched on searches.

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