The Pace Criminal Justice Center is honored to feature an article by Thomas Kapp, Search of Closed Containers Incident to Arrest: Is a Cell Phone Just Another Container? Thomas Kapp is the Senior Investigative Attorney at the Bronx County District Attorney’s Office and a member of the Pace Criminal Justice Center Advisory Board. In his article, he
review[s] the current federal standard for a search incident to arrest of containers and how some federal and other state courts have addressed the search of a cell phone. In addition, [he] discusses the development of the law in New York of the right of police to conduct a search incident to arrest of a closed container and will also address whether that right includes the search of a cell phone incident to arrest, an issue which may be ripe for our courts.
As the article notes, this issue will be decided this term by the United States Supreme Court. Mr. Kapp concludes his analysis by assessing the future of searches of cell phones incident to arrest in the State of New York.
Enjoy reading the full article: Thomas Kapp – Search of Closed Containers Incident to Arrest: Is a Cell Phone Just Another Container?