· 6/13/2017
People v. Abreu (Jesus)
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the warrantless seizure of a cellphone was justified because the officer seized the cellphone from a criminal suspect who had both the ability and the incentive to delete evidence from the cellphone
- observing that “any detention of property based on reasonable suspicion must be fairly analogous to a Terry stop, regardless of the item at issue”
- explaining that officers are required to have “specific, articulable, and objective facts”
- reasonable 15 suspicion would not justify warrantless seizure with delay of two days for police 16 to seek warrant to search cell phone
- “all the exigent-circumstances doctrine requires” is that an officer reasonably conclude that the defendant “had the ability and incentive to, after learning of the investigation . . ., destroy damning information contained on his phone”
- lies to law enforcement contribute to probable cause
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.