May 7, 2005

Creating a precedent, judge rules on search warrant for cameraphone

In North Carolina, the police violated a man's constitutional rights when they seized a camera cell phone containing explicit images of an unconscious woman, a judge ruled this week, reports The Associated Press.

"New Hanover County Superior Court Judge W. Allen Cobb Jr. ruled in a case that could create precedent and serve as a reference point for future cases nationwide. He found that officers should have obtained a search warrant before viewing images from the camera phone."

Details of the case from NY Times / AP Online:

Christopher R. Snow, 26, was charged in July with second-degree sexual offense and secret peeping-photographic image.

Police said he attended a party with a female co-worker, and they ended up on the beach, where the woman lost consciousness. At that point, Snow allegedly began improperly touching the woman and taking photographs with the camera phone. He was arrested after passers-by called police.

The officers should have obtained a search warrant before viewing images on Snow's cell phone, New Hanover Superior Court Judge W. Allen Cobb Jr. ruled this week.