U.S. v. WURIE

No. 11-1792.

728 F.3d 1 (2013)

UNITED STATES of America, Appellee, v. Brima WURIE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

May 17, 2013.


Attorney(s) appearing for the Case

Ian Gold , Assistant Federal Public Defender, for appellant.

Michael R. Dreeben , Attorney, United States Department of Justice, with whom Carmen M. Ortiz , United States Attorney, and Kelly Begg Lawrence , Assistant United States Attorney, were on brief, for appellee.

Before HOWARD, STAHL, and LIPEZ, Circuit Judges.


STAHL, Circuit Judge.

This case requires us to decide whether the police, after seizing a cell phone from an individual's person as part of his lawful arrest, can search the phone's data without a warrant. We conclude that such a search exceeds the boundaries of the Fourth Amendment search-incident-to-arrest exception. Because the government has not argued that the search here was justified by exigent circumstances or any other exception to the warrant requirement...

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