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Case Citations [1] (Spring 2024)

handle is hein.ali/forthprop0009 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2024 Citations PROPERTY 4TH (DRAFTS) VOLUME 1. THE BASICS OF PROPERTY DIVISION II. POSSESSION CHAPTER 1. POSSESSION § 1.2.1.1. Possession W.D.Okl.2022. Quot. in ftn. (citing § 1.2.1.1 of T.D. No. 1, 2020). Criminal defendant, who was indicted on criminal charges of receipt and possession of child pornography, filed a motion to suppress evidence obtained from defendant's cell phone, which was seized by police officers during arrest. This court denied defendant's motion, holding that police officers' warrantless seizure of defendant's cell phone was a valid seizure, because it resulted from a search incident to defendant's arrest, and, despite a brief period of time in which the cell phone left one of the officer's hands and was handed to defendant's father, the officers did not meaningfully lose control over the phone. The court cited to Restatement Fourth of Property § 1.2.1.1 in explaining that, to maintain possession of an item, the officers did not need to remain in continuous control of the item, so long as they communicated intent to maintain control over the item to be seized. United States v. Santiago, 634 F.Supp.3d 1054, 1060. COPYRIGHT (2024 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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