Letters to the Editor
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@ nulla sallus and ncarey
NS -- People on parole aren't granted the same 4th Am protections as people who aren't. Parole officers are allowed to conduct searches without a warrant that would otherwise be unconstitutional.
ncarey -- Your point is well taken, but does not answer the question of what rights a person under arrest has/should have. Presumably, you wouldn't agree with the proposition that the police don't need a warrant to enter the home of a person under arrest. Arguably, it is reasonable to seach an impounded car for anything which could be dangerous so as to prevent injury or damage to anyone/anything during the period it is being impounded. The question is should the police have the right to conduct a search incident to arrest of electronic devices found on the person or anywhere within the vehicle of the person being arrested. In my opinion, none of the justifications of the search incident to arrest rule I have encountered seem reasonable or constitutional when it comes to electronic devices. I guess this would be one of those rare instances where I side with Scalia!