TN Bar Practice Questions - Tennessee Bar Examination Exam

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After a lawful arrest, police search the arrestee's smartphone without a warrant, examining digital photos and messages. Under Riley v. California, is this search lawful as a search incident to arrest?

Yes, because any item on the arrestee may be searched incident to arrest No, but only if the phone is locked Yes, because phones contain no private information No, police generally must obtain a warrant to search the digital contents of a cell phone

Correct Answer:

No, police generally must obtain a warrant to search the digital contents of a cell phone

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