The United States Law Week

Conviction Stands Stemming From Wife’s Search of Husband’s Cell

May 29, 2020, 9:20 PM

A Puerto Rican man’s conviction for production of child pornography will stand after the First Circuit upheld his wife’s search of his cellphone that turned up incriminating evidence.

The court upheld the search of Jean Carlos Rivera-Morales’s cellphone under the private search doctrine, which allows police without a warrant to examine evidence that a private party has unearthed, and made available to them, as long as their actions remain “within the scope of” the private search.

The court rejected the argument that the search violated the Fourth Amendment because the police who viewed the video on his cellphone lacked a...

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