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Hey guys, welcome to another roadside chat. My name is Anthony Bandiero, Senior Legal instructor and Attorney at Blue to Gold Law Enforcement Training. This question comes from an officer in California. And he asks whether, if you're executing a search warrant on a cell phone, and let's say the search warrant is for firearm violations, right, you can picture maybe a gang member, a felon, and we believe that we have evidence of fire, you know, that firearm possession on the cell phone. And so the officer is looking through the phone, text messages, Facebook, etc, etc, for firearm violations, but comes across evidence for narcotic sales. Does the officer have to stop searching the phone? And for you know, in order to does it also have to stop and go get a piggyback warrant? Or can the officer still continue to look for firearm violations? And again, see other evidence in plain view for narcotic sales? And will that come in? So the answer is yes, the officer can go down that route. That is an option. Officers are not required to as long as the scope of the search remains within the boundaries of the search warrant. So we're still looking for firearm evidence, then we are good. However, you know, any officer I think acknowledged that the best practice, of course, would be to get a piggyback warrant. But I think you're just asking academically do we have to stop? And to get that warrant? And the answer constitutionally is no. Right? not constitutional. Now, I'm not going to dress any statutory claims. I do not teach statutory law; that is for your prosecutors and for you know, other people can say, you know, but I'm talking about the Constitution, the Constitution would uphold as long as we can prove that the officer did not go outside the bounds of that scope. And really was, you know, now searching for drug evidence and not any longer searching firemen, then we're going to be fine. But at the same time, we know that best practice especially for firearm or for sales, because that's a very serious crime. We may we're gonna want a timeout and just shut the phone down temporarily go get the worn, the piggyback, worn come back, and then specifically search for firearms more firearm evidence and directly search the phone for sales. I hope this helps. Keep your questions coming. Until next time, stay safe.

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