In a hypothetical Scenario on 4th Amendment Rights In case a…

Hi, my name is Jim, and welcome to Just Answer.

1. Plain view means that the police are legally where they are, and they see something that because of its outward appearance gives them probable cause to believe that its contraband, i.e., stolen property, drugs, the fruits of a crime, the instrumentalities of a crime. This observation must be made without any manipulation of the object.

Your situation is not a plain view situation. Your suspect's phone was seized incident to a lawful arrest, correct? That means that it is lawfully in police custody. But the police must get a warrant to examine it in any fashion.

2. By calling a number blindly, they are not manipulating the phone that they have seized. All they have to do is look at the phone to see that it is ringing while they are calling. Now that they know that's the number that goes with that phone, they can get their warrants.

3. You "manipulate" a digital device by turning it over and looking at its front, back and sides; turning it on and off; opening a cover or pouch is not a manipulation of the device. They are allowed to uncover it to obtain a description of it.

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I'd say there was no 4th Amendment violation on these facts.

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