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Considering the phone to be "abandoned property," he guessed the code to unlock the screen——and opened the phone without a warrant. The detective looked through the "contacts" stored on the phone and found a person listed as "Grandma.
Monroe County Sheriff's Office - Florida Keys
The detective entered Brown's name into the South Carolina Department of Motor Vehicles database and looked at Brown's driver's license photograph. After comparing the photographs, the detective determined Brown was the man pictured on the screen of the cell phone. Brown was questioned; Brown admitted the phone belonged to him, but that it was lost.
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Brown admitted that no one else could have had his cell phone on the night of the burglary. Brown was ultimately charged with first degree burglary.
South Carolina v. Brown
The trial court determined the information on the cell phone in this case had been abandoned, and admitted it into evidence. A divided panel of the court of appeals affirmed. The South Carolina Supreme Court affirmed the court of appeals. Enter your email. South Carolina v. Brown Annotate this Case. Justia Opinion Summary At issue before the South Carolina Supreme Court was whether the digital information stored on a cell phone may be abandoned such that its privacy is no longer protected by the Fourth Amendment.
Clifford Delvon Jackson, 23, on July 6, , charged with two outstanding Magistrate Court bench warrants. Olber Garcia Rodriguez, 33, on July 6, , charged with open container and no driver's license.
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Joshua Allen Brizendine, 36, on July 6, , charged with an outstanding Family Court bench warrant. Mark Stephen Luppino, 51, on July 3, , charged with an outstanding Magistrate Court bench warrant for receiving stolen goods and an outstanding Magistrate Court bench warrant for obtaining property by false pretenses.
Timothy Gibbs, on July 9, , charged with impersonation, resisting arrest and trespass after warning. Arthur Robinson, on July 8, , charged with financial transaction card theft, failure to stop for blue lights, careless driving and driving under suspension. Kenneth Deangelo Campbell, on July 8, , charged with simple possession of marijuana and possession of cocaine base.
Paige Chapman, on July 7, , charged with driving under suspension — 5th offense, and habitual offender. Mark Walker, 49, on July 6, , charged with an outstanding Charleston County Sheriff's Office warrant for contempt of court. Antonio Mccullough, on July 6, , charged with giving false information to police and three outstanding Charleston Police Department warrants.
Jennifer Tribble, on July 5, , charged with possession of a schedule IV controlled substance.