Category Archives: Cell phones

OR: For particularity in electronic devices, specify what will be found

In Oregon, “For searches of electronic devices, a warrant is specific enough to satisfy the particularity requirement if it ‘describe[s], with as much specificity as reasonably possible under the circumstances, what investigating officers believe will be found’ on the device, … Continue reading

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D.Kan.: Not responding to govt’s 4A alternative arguments de facto waiver

The government’s alterative theories to support the search were sufficient to avoid even deciding a good faith mistake of fact by the officers. Moreover, defendant never addressed the government’s alternative arguments in his briefing. United States v. Bell-Johnson, 2023 U.S. … Continue reading

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D.Idaho: Def can’t get access to his cell phone yet because govt has yet to search it because it’s password protected

Defendant wants return of his cell phone because he asserts, without specifying, that there is exculpatory evidence on it. The government responds that it hasn’t opened the phone yet because it is password protected. The government wants the password to … Continue reading

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OR: Cell phone SW in part for “evidence related to the crimes under investigation” was overbroad

The search warrant for defendant’s cell phone was specific as to particular images but general as to others, and it is suppressed as to the others. “The fact that the media command limited the media search to ‘evidence related to … Continue reading

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TX: Totality of circumstances applies to exigency on warrantless seizure of cell phone

“Rather than announcing a categorical rule that police may never seize personal property simply because a criminal suspect knows he is a suspect, the court of appeals should have analyzed under the totality of the circumstances whether law enforcement’s seizure … Continue reading

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What we think of our reasonable expectation of privacy in cell phones

U.Chi. School of Law: The Myth of Fourth Amendment Circularity by Matthew B. Kugler & Lior Jacob Strahilevitz:

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S.D.N.Y.: 49 day delay in cell phone search was presumptively unreasonable, but totality of circumstances favored govt

Balancing the factors of a delay in a cell phone search of 49 days, the length is presumptively unreasonable but the other factors all favor the government. Motion to suppress denied. United States v. Wells, 2023 U.S. Dist. LEXIS 30720 … Continue reading

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GA: SW for practically everything on cell phone was a general warrant

The search warrant for defendant’s cell phone was overbroad, essentially permitting a general search of the entirety of information on it. Limiting it to a homicide was of no help. The good faith exception also does not apply. The fact … Continue reading

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E.D.Va.: Search of cell phone at school for explicit photos of 14-year-old reasonable under T.L.O.

A 13-year-old male student was showing explicit pictures of a 14-year-old girl on his phone at school. The search of the phone by school officials was reasonable under T.L.O., and it led him to juvenile court. O.W. v. Sch. Bd. … Continue reading

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E.D.Mich.: Stop at the Detroit Greyhound bus station lacked RS

Defendant was accosted as he was getting on a Greyhound bus in Detroit and blocked from getting on the bus and asked to produce his ID, ticket, and cell phone. He said he didn’t have his ID and gave the … Continue reading

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W.D.N.Y.: 108-day delay in SW for cell phone was unreasonable

An unreasonable 108-day delay in retrieving defendant’s cell phone from local police after the DEA adopted the case required suppression of the search of the phone. United States v. Adams, 2023 U.S. Dist. LEXIS 23973 (W.D.N.Y. Feb. 13, 2023). Officers … Continue reading

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D.Colo.: Date range isn’t always required by 4A for particularity of cell phone SW

In a cell phone search warrant, “Although Trujillo argues that the date range from May 16, 2022, to present lacked ‘legal justification,’ Trujillo provides no explanation or authority as to how this date range rendered the warrant unconstitutionally general. There … Continue reading

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N.D.Ill.: Obtaining mobile IP address not governed by Carpenter

In a child exploitation case, the government admitted that the state search warrant in another state wasn’t as detailed as they’d have done, but it still showed probable cause and was supported by the good faith exception. The mobile IP … Continue reading

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W.D.N.C.: Def must state phone is his to have standing to contest SW

Without acknowledging the cell phone police searched was his, defendant did not show standing to contest the search. Even so, the use of forensic software to bypass the password protection on the phone didn’t make the search unreasonable. United States … Continue reading

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WY: In felony domestic battery case, state showed nexus that evidence could likely be found in def’s journal

Defendant was convicted of strangulation of a family member. The family member reported to the police that he had been in counseling and was keeping a detailed journal trying to break the cycle of domestic abuse. The affidavit for the … Continue reading

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CA6: Water heard running in hotel room bathroom supported exigency for avoiding destruction of evidence

Water heard running in the bathroom of a hotel room justified entry to avoid potential destruction of evidence. United States v. Hill, 2023 U.S. App. LEXIS 785 (6th Cir. Jan. 11, 2023). Defendant’s Franks challenge doesn’t undermine the two critical … Continue reading

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D.Minn.: Involuntary civil detainees in a sex offender program have no REP in their rooms

Involuntary civil detainees in a sex offender program have no reasonable expectation of privacy in their rooms. White v. Dayton, 2023 U.S. Dist. LEXIS 71 (D. Minn. Jan. 3, 2023). Habeas petitioner’s claim that a bad photo ID led to … Continue reading

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OH: The fact a cell phone was found at the scene of a car crash gives no PC to search it for evidence of distracted driving merely by its presence

The fact a cell phone was found at the scene of a car crash gives no probable cause to search it for evidence of distracted driving merely by its presence. “[*P1] In this appeal, we are asked to decide whether … Continue reading

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TX14: PC for a cell phone requires more than a bare conclusion one was present or involved; no PC here

“A probable cause affidavit supporting a cell phone search must contain evidence of the requisite nexus with more than mere conclusory allegations. For example, the Court of Criminal Appeals recently held that generic, boilerplate language about cell phone use among … Continue reading

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S.D.W.Va.: Dispatch’s mistake of fact def’s vehicle was unregistered did not make stop unreasonable

Defendant challenged one basis for his stop, an inspection sticker. However, dispatch also said the vehicle was unregistered and that’s a valid reason. It turned out, however, it was validly registered. “It does not matter that Defendant’s vehicle was in … Continue reading

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