U.S. v. Flores-Lopez

Federal 7th Circuit Court
Criminal Court
Search and Seizure
Citation
Case Number: 
No. 10-3803
Decision Date: 
February 29, 2012
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant's motion to suppress evidence of his cell phone's call history where police searched defendant's cell phone without search warrant subsequent to his arrest to obtain cell phone number, and where police forwarded said number to telephone company to obtain call history that contained incriminating evidence. Police did not search contents of phone other than to obtain cell number, and instant intrusion of defendant's privacy was too slight to support 4th Amendment claim. Ct. further noted that instant search was consistent with warrantless searches following arrests that were allowed in Robinson, 414 US 218 (search of diary to verify defendant's address) and in Concepcion, 942 F2d 1170 (testing of keys to discover door to defendant's residence).