The following excerpt is from People v. Rhee, 54 N.Y.S.3d 612 (Table) (N.Y. Crim. Ct. 2017):
The contents of a person's cellular telephone are protected by the Fourth Amendment. Law enforcement officers can only search a suspect's cell phone incident to an arrest after a "warrant has been issued by a detached magistrate...." People v. Watkins, 46 Misc.3d 207, 209 (Sup.Ct. Kings County 2014) ; Riley v. California, 134 S.Ct. 2473, 24878 (2014). Here, the defendant was placed under arrest on July 30, 2016, and his cellular phone was seized by the NYPD. On August 30, 2016, a search warrant was issued for the cellular phone.
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