Police have right to search phone

The Las Vegas Review-journal claims that the police should not be allowed to review Jeff German’s personal cellphone and computers because of Nevada’s shield law. Nevada Revised Statutes Sec. 49.275 provides: “No reporter ... may be required to disclose any published or unpublished information obtained or prepared by such person in such person’s professional capacity in gathering, receiving or processing information for communication to the public, or the source of any information procured or obtained by such person, in any legal proceedings, trial or investigation.” The statute goes on to list the various legal proceedings, legislative bodies and agencies which are restrained.

This law thus applies to reporters, i.e., living people, and says they do not need to testify about their sources during a trial. It also applies only to trials or legal proceedings, and therefore would not apply to the present circumstances. The police would have custody of German’s phone as evidence collected at a crime scene, and a search warrant would not be necessary to search it, as deceased people don’t have a right to privacy. If the R-J had paid for the property, there would probably need to be a search warrant and the newspaper would have a better argument. The police have already obtained any relevant information as to Robert Telles’ contact with German as a result of the search of Telles’ devices. The need for a motive to kill is not very great where the evidence of the guilt of the accused is great.

Michael Westerhaus,

Las Vegas