Building on a 2014 U.S. Supreme Court decision on warrantless cellphone searches, the U.S. Court of Appeals for the Ninth Circuit ruled Thursday that it may violate the Constitution to search the cellphone of a probationer who has otherwise agreed to submit to searches without probable cause.
The Ninth Circuit panel concluded that evidence recovered from text message that led to Paulo Lara’s arrest and conviction for being a felon in possession of a firearm should have been suppressed because the search of his cellphone was unreasonable.
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