The Search & Seizure Show

Can police officers seize an OD victim's cell phone as evidence?


Listen Later

The following is a computer-generated transcription, some grammar and spelling errors may be inherent

Hey guys, it's Anthony Bandiero Here, attorney and senior legal instructor for Blue to Gold law enforcement training, bringing you another roadside chat from the road. Right. So a lot of these I make are from the studio because of travel restrictions. Or just as more convenient to be honest with you, sometimes I make them because I get so many of these, but I'm here in Greenville, Tennessee, trying to catch up on these, these questions. And the next one is going to be from an officer in New York, right, just north of New York City. And basically, the officer is give me a scenario here, where under the lights kind of coming into the car, but it is what it is, hopefully that's not too distracting. Alright, so the question is, when officers respond to an OD, right, and the person is is revived, they're going to go to the hospital? Can you take their cell phone as evidence and to see, you know, who the dealer is, you know, because that's that person could potentially be charged for contributing to the, to the overdose? What if the, the person, you know, ends up dying? Can you searches, you know, basically seize any cell phones and the circumstances? Here's, here's my, my feedback. Number one, obviously, without any question, taking a person's cell phone is a fourth amendment issue, right? It's a seizure on the Fourth Amendment, especially if they're alive, right? Because they're alive, and they have a possessory interest in their cell phone. Therefore, you know, the seizure has to be reasonable. Now, if it's a, if the person is being transported to the hospital, and you're going to conduct a criminal investigation to determine, you know, who sold the narcotics to the person and so forth, and seizing the phone in order to get a warrant. It's reasonable, that's, that's, you know, that's, that's gonna be reasonable, they're, you know, likely, you're gonna have probable cause. But the problem is going to be seizing it as a matter of routine, and then keeping it in the evidence locker, whatever,

...more
View all episodesView all episodes
Download on the App Store

The Search & Seizure ShowBy Anthony Bandiero

  • 5
  • 5
  • 5
  • 5
  • 5

5

19 ratings


More shows like The Search & Seizure Show

View all
The Joe Rogan Experience by Joe Rogan

The Joe Rogan Experience

227,737 Listeners

The Ben Shapiro Show by The Daily Wire

The Ben Shapiro Show

154,200 Listeners

Jocko Podcast by Jocko DEFCOR Network

Jocko Podcast

30,804 Listeners

REAL AF with Andy Frisella by Andy Frisella

REAL AF with Andy Frisella

32,744 Listeners

The Matt Walsh Show by The Daily Wire

The Matt Walsh Show

28,412 Listeners

Things Police See: Firsthand Accounts by Steven Gould: Police Officer, Background Investigator

Things Police See: Firsthand Accounts

1,225 Listeners

The Charlie Kirk Show by Charlie Kirk

The Charlie Kirk Show

71,412 Listeners

Shawn Ryan Show by Shawn Ryan

Shawn Ryan Show

44,117 Listeners

Hold These Truths with Dan Crenshaw by Dan Crenshaw

Hold These Truths with Dan Crenshaw

16,064 Listeners

Timcast IRL by Timcast Media

Timcast IRL

7,572 Listeners

Street Cop Podcast by Street Cop Training

Street Cop Podcast

959 Listeners

Iron Sights by Iron Sights

Iron Sights

102 Listeners

Shots Fired Podcast by Kyle Shoberg

Shots Fired Podcast

168 Listeners

The Debrief with Jon Becker by Jon Becker

The Debrief with Jon Becker

75 Listeners

The Tucker Carlson Show by Tucker Carlson Network

The Tucker Carlson Show

16,716 Listeners