Can police officers seize an OD victim's cell phone as evidence?

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Hey guys, it's Anthony Bandiero Here, attorney and senior legal instructor for Blue to Gold law enforcement training, bringing you another roadside chat from the road. Right. So a lot of these I make are from the studio because of travel restrictions. Or just as more convenient to be honest with you, sometimes I make them because I get so many of these, but I'm here in Greenville, Tennessee, trying to catch up on these, these questions. And the next one is going to be from an officer in New York, right, just north of New York City. And basically, the officer is give me a scenario here, where under the lights kind of coming into the car, but it is what it is, hopefully that's not too distracting. Alright, so the question is, when officers respond to an OD, right, and the person is is revived, they're going to go to the hospital? Can you take their cell phone as evidence and to see, you know, who the dealer is, you know, because that's that person could potentially be charged for contributing to the, to the overdose? What if the, the person, you know, ends up dying? Can you searches, you know, basically seize any cell phones and the circumstances? Here's, here's my, my feedback. Number one, obviously, without any question, taking a person's cell phone is a fourth amendment issue, right? It's a seizure on the Fourth Amendment, especially if they're alive, right? Because they're alive, and they have a possessory interest in their cell phone. Therefore, you know, the seizure has to be reasonable. Now, if it's a, if the person is being transported to the hospital, and you're going to conduct a criminal investigation to determine, you know, who sold the narcotics to the person and so forth, and seizing the phone in order to get a warrant. It's reasonable, that's, that's, you know, that's, that's gonna be reasonable, they're, you know, likely, you're gonna have probable cause. But the problem is going to be seizing it as a matter of routine, and then keeping it in the evidence locker, whatever,