I have a question for you guys regarding case law. I am looking for citation of cases that support or defeat my side of the argument. Here is the scenario:
I detain a female adult regarding a trespassing investigation. While contacting her I determine she displays signs of being under the influence. I do FST's and determine she is under the influence of a stimulant (meth). I arrest her for being under the influence. Under Miranda she admits to using meth recently.
When I first contacted her she was holding a purse. I searched her purse incident to arrest, looking for drugs, weapons, etc. I find a digital camera. I look thru the camera's memory for pictures of her using dope or any other drug related pictures. There were no incriminating pictures on the camera.
She ends up complaining several weeks after the arrest that we stole her memory card from her camera because there were naked pictures of her on it.
The question surfaced: was the search of the camera incident to her arrest a legal search???
I looked for case law regarding it but was unsuccessful. Perhaps due to the fact I worked all night, but anyways. I know cell phones are searchable. Do digital cameras fall under the same criteria?
I detain a female adult regarding a trespassing investigation. While contacting her I determine she displays signs of being under the influence. I do FST's and determine she is under the influence of a stimulant (meth). I arrest her for being under the influence. Under Miranda she admits to using meth recently.
When I first contacted her she was holding a purse. I searched her purse incident to arrest, looking for drugs, weapons, etc. I find a digital camera. I look thru the camera's memory for pictures of her using dope or any other drug related pictures. There were no incriminating pictures on the camera.
She ends up complaining several weeks after the arrest that we stole her memory card from her camera because there were naked pictures of her on it.
The question surfaced: was the search of the camera incident to her arrest a legal search???
I looked for case law regarding it but was unsuccessful. Perhaps due to the fact I worked all night, but anyways. I know cell phones are searchable. Do digital cameras fall under the same criteria?
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