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14th Amendment Document With Iphone In Massachusetts
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US-000280
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FAQ
Probable Cause: To issue a search warrant, there must be probable cause to believe that a crime has been committed and that evidence relevant to the crime is located at the place to be searched.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things ...
A: Under California law, the timeframe for returning property taken as evidence, such as a cellphone, can vary depending on the specifics of the investigation. In your case, where the District Attorney (D.A.) is involved, it's not uncommon for investigations to take several weeks or even months.
Third, with today's technology, it may take officers as little as 15 minutes to get a warrant that authorizes a search. And fourth, officers can dig into the phone when there's an emergency.
The warrants are issued by the judges and written by their court clerks almost immediately, at the time of the original court date.
Article XIV. Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions.
The interests that the Fourth Amendment protects can be invaded by depriving a person of the right to exclude others from data or by the use of information technologies without respect to possession. The line between possession and use was what Officer Dunnigan crossed in Riley.
Generally, a person has no reasonable expectation of privacy for property and personal effects they hold open to the public. The Fourth Amendment does not protect things that are visible or in "plain view" for a person of ordinary and unenhanced vision.
As the Supreme Court made clear in Riley v. California, the Fourth Amendment provides individuals a heightened expectation of privacy in cell phones, which “differ in both a quantitative and a qualitative sense” from other items due to the immense amount of personal data they contain.