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If a person is missing and in danger, Jackley said, a warrantless search is likely to be upheld. In other circumstances, a defendant might argue that Wednesday's rulings restrict what qualifies as an exigent circumstance.
Capt. Paul Niedringhaus of the Minnehaha County Sheriff's Office said cellphones commonly are seized in cases where drug crimes are suspected, but that searches generally wait for a warrant.
"This won't affect the broad majority of cases. It's general practice in South Dakota to obtain a warrant prior to searching a cellphone," Jackley said. "What we'll probably see is a rash of Fourth Amendment challenges."
The ruling Reebok Crossfit Shoes Blue
Supreme Court ruling may affect S
Supreme Court has ruled that police need a warrant to scour cellphones for evidence, a decision that could lead to legal challenges in South Dakota.
for the state's texting and driving ban, and on local ordinances banning the same.
"I've had reasonable suspicion to make a stop, but the person hands me the phone and shows me that they were looking for a number to call," Rehorst said.
The rulings in two California cases and one Massachusetts case also have implications Reebok Sneakers Men 2017
has a particular effect on texting and driving enforcement. Texting and driving soon will be illegal in South Dakota, although it is a secondary offense. Enforcement begins July 1.
Sgt. Steve Rehorst of Watertown says he's had drivers offer their phones to officers as proof that they were dialing a number.
"We knew (the court) was probably going to make this decision," Niedringhaus said. "I don't think anyone in law enforcement is surprised by this."
Texting while driving is a primary offense in six South Dakota cities, however, meaning officers can pull drivers over if they're suspected of texting and nothing else.
Drivers can use their phones to make phone calls under the city ordinances and the state law.
Vermillion Police Chief Matt Betzen also enforces a citywide texting ban. Betzen said his officers Reebok Mens Basketball Shoes
are unlikely to secure a warrant for a traffic offense. The 16 tickets written in that city have involved drivers who admitted their behavior to officers.
The Sioux Falls Police Department operates in a similar fashion, spokesman Sam Clemens said. If a person gives consent to Reebok New Shoes 2017 a search, an officer will look through it. Otherwise, "We don't have anyone routinely going through cellphones looking for evidence of crimes."
However, Jackley expects Wednesday's ruling to produce more legal challenges in situations where officers make a judgment call and look at cellphones under "exigent" circumstances, in which people or evidence would be at risk if they waited for a search warrant.
Most law enforcement officers in the state already get warrants before searching phones under most circumstances, Attorney General Marty Jackley said.
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