Th Admendment Issue: Computer Forenics Analysis of Thumb Drive

General Background:

You are a new computer forensic examiner trainee. Your field training officer (FTO) has asked you to analyze a thumb drive recently received from a patrol officer, who found it in Toms pocket while performing an officer safety search.. When they arrived at the scene they found two people in the house. One person has claimed ownership of the thumb drive, and claims that the police have no reason to seize it, and demanded that it be returned. Since no search warrant was obtained to seize the thumb drive, is there a 4th Amendment issue?

The people in the house were identified as Joe Badguy and Tom Smith. Joe called Tom, Loophole. Both of their IDs were taken and recorded.

Briefly discuss what if any 4th Amendment issues exist?

Explain what kind of search and seizure this was?

Explain if a search warrant was required and if so, why?