Video: Marine veteran tased by cops in infant daughter's hospital room for not giving over phone

SFC William Farrell: Yes the police need to have a search warrant to view the contents of a cell phone. In Riley v California, 573 US 373, USSC held that police could search a cell phone only to determine if it could be used as a weapon but could not search the cell phone of any digital contents without a warrant AFTER AN ARREST. In Carpenter v US, 138 S.Ct. 2206, USSC held that to get information regarding cell phone tower pings required a warrant. However, the Carpenter case really went to the information held by a third party issue.
In this case it does not appear they told the "suspect" that he was under arrest, was not free to go, etc. Did he have a reasonable expectation that he could simply leave the room/hospital and not be arrested? Even if he didn't have that reasonable expectation, the police could still not take the phone without a warrant to search its contents. If he was under arrest, they could take the phone incident to the arrest but they couldn't search the contents of the phone. The police went over the line in this situation and IMO need to be decertified. They get enough training every year to know what the law is on cell phones/when someone is under arrest/when they have a right to use force, etc.
I tell my clients all the time never to voluntarily surrender their cellphone to any authorities (police, CPS, social workers). If the device is taken, I tell my clients not to provide any information on how to open the phone (password combinations, etc.). If the police have a reason that a judge agrees to issue a warrant, we will deal with that later.

Definitely not called for. Vets rate nothing but respect, no special privileges. They do have rights and they should be respected. Examples of overreach everywhere. At least his last words weren't I can't breathe, and Momma.

The police officers definitely were out of line with their treatment of the father, I don't blame him at all if he sues the police department for the treatment he received brother SFC William Farrell