Oregon Legal Research Blog
Read and listen to a discussion about Oregon’s cell phone records and warrants law at:
OPB’s Think Out Loud May 3, 2011, program: Think Out Loud: Cell phone search warrant?
Program guests:
1) Bronson James: Defense attorney with JDL Attorneys, representing James Tyler Nix in State of Oregon v. James Tyler Nix
2) Jason Carlile: District attorney for Linn County
3) Lyn Woodward: Panel attorney for the California Court of Appeals, represented Gregorie Diaz in People v. Diaz
The Oregon Supreme Court case (2010) (argued May 4, 2011):
(Webcasting of oral arguments can be found from the OJD mediasite (very cool – give it a try).)
State of Oregon v. James Tyler Nix (S058751) (A138483) (Appeal from Linn County Circuit Court; opinion reported at 236 Or App 32, 237 P3d 842 (Decided June 23, 2010). The Court of Appeals found that the search was valid and reversed and remanded.)
“1) Whether the warrantless search of the entire data contents of a cell phone, without limit in scope or intrusiveness, is lawful for purposes of Article I, section 9, of the Oregon Constitution, when the search is incident to an arrest.
2) Whether, for purposes of the Fourth Amendment to the United States Constitution, a cell phone is a personal item, akin to clothing, which normally can be searched incident to an arrest, or instead is a possessory item, akin to luggage, which normally is excluded from the permissible range of objects that can be searched without a warrant when the search is incident to an arrest.” (Link to full Calendar “Entry Form.”)