Mock Trial Case Question?
Say an underage under the influence driver crashes his car and receives head trauma. the responding officer sends for medical help and is busy keeping the driver awake. the driver leaves for the hospital but the officer never gets his name. is the officer allowed to search through the car for ID, also is the officer allowed to look through the drivers cell phone, through text messages and contacts? Thank you.
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If the car is being impounded, then logging its contents is a proper administrative search. Going through text messages, no, though it could be justified as an emergency. But it's probably harmless anyway. The driver's cell phone and ID aren't going to be evidence against them in a DUI case, it's their blood alcohol level that's going to be critical. Illegal searches are only a big deal when they yield evidence that the state wants to use against the person in a crime. For example, if the search of the car produced drugs and the state wanted to prosecute, the legality of the search would be important. Not so in the DUI case.
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