Category: California

Police Likely Can Search Your Cell Phone if You are Arrested

After you have been arrested, the police generally may search items on your person and including your pockets, as well as anything within your immediate control. Chimel v. California, 395 U.S. 752 (1969). This means that the police can physically take your cell phone and anything else in your pockets. Some courts go one step […]

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Burden on Art Theft Victims in 1st and 9th Circuits

In at least two recent federal court decisions, the burden for discovery of lost art works has been found to be on the victim of the art theft. The First Circuit¹ stated that summary judgment is appropriate to dismiss a case where a plaintiff does not bring a claim within the requisite statutory time. Museum […]

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