Another in a series of posts explaining the differences between legal and illegal searches. At issue is whether the fourth amendment is violated if your cell phone contents can be inspected without your permission or a legally obtained warrant.
The interesting part of the conversation is that the “crime” for which you have been arrested or obtained is of no consequence to the search itself.
“Currently, police are able to search the person of an arrested individual: pockets, socks, etc. The frisking you’ve see on TV? Yeah, those. It’s called the “search incident to lawful arrest” doctrine. “The area into which he might reach,” is the specific phrase used to allow this warrantless search, with the intention of preventing suspects from either reaching for a weapon or destroying/hiding evidence. Pretty simple! “Make sure the arrested person doesn’t have a secret weapon and/or doesn’t destroy the evidence” is a solid argument for police to enact said search.”
Thanks to Engadget