Smith v. State — Conviction Reversed: A Residential Warrant Does Not Authorize Forensic Search of a Phone Found on the Person

Updated:

Officers had a valid warrant for the apartment but seized Smith’s phone from his person outside the residence and conducted a forensic extraction the next day. The Nevada Supreme Court reversed: a probable-cause affidavit cannot expand a warrant’s geographic scope, and exigency that justifies seizure does not justify a later forensic search without a separate warrant.

Supreme Court of Nevada

March 28, 2024

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Nevada, Conviction Reversed

545 P.3d 716 (Nev. 2024) · Docket No. 86156 · 140 Nev. Adv. Op. 19 · Reversed & Remanded

Reference: https://law.justia.com/cases/nevada/supreme-court/2024/86156.html