Category Archives: Cell phones

PA: Riley doesn’t apply to parole searches of cell phones

Riley doesn’t apply to parole searches of cell phones. Commonwealth v. Murray, 2017 PA Super 363, 2017 Pa. Super. LEXIS 928 (Nov. 15, 2017):

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N.D.Ill.: PO seeing an “unregistered” cell phone was seizure in plain view

Defendant was on supervised release for child pornography and he had a cell phone not listed with US Probation. The phone was seen during a home visit. The PO picked up the phone and turned it on and a picture … Continue reading

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Politico: Texas killings may aid Rosenstein’s crusade on encryption

Politico: Texas killings may aid Rosenstein’s crusade on encryption by Eric Geller:

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NPR: Texas Gunman’s Locked Cellphone Renews Debate Over Encryption

NPR: Texas Gunman’s Locked Cellphone Renews Debate Over Encryption by Samantha Raphelson: The FBI is blaming the tech industry’s encryption standard on its inability to unlock the cellphone of the Texas shooter. But some experts say if the FBI acted … Continue reading

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Cal.3d: Domestic battery conviction didn’t support cell phone probation search condition

A broad probation electronics search condition for domestic battery was constitutionally overbroad because it doesn’t sufficiently serve the state’s interests compared to the crime of conviction. A cell phone has far too much information on it to make it so … Continue reading

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N.D.Fla.: Entry into motel room was valid with arrest warrant when officers reasonably believed he would be there

The U.S. Marshal’s fugitive task force, with arrest warrant in hand, was looking for defendant. They were watching his motel room and saw him outside and gave chase. They lost sight of him and circled back to his hotel room … Continue reading

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CA9: Def’s wife was a private actor turning over his hard drive to the police

Defendant’s wife was not acting as an agent of the government when she turned over his hard drive to the police. The search warrant they obtained was clearly issued on probable cause. United States v. Wolff, 2017 U.S. App. LEXIS … Continue reading

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NACDL: Protecting Your Digital Devices at the Border, A Criminal Defense Lawyer’s Primer

NACDL: Protecting Your Digital Devices at the Border, A Criminal Defense Lawyer’s Primer (October 2017): Courts have long made it clear that agents can search the bags of people entering the country. For the past decade or so, U.S. Customs … Continue reading

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Law.com: The Old Particularity in New Digital Raids

Law.com: The Old Particularity in New Digital Raids by Peter A. Crusco In his Cyber Crime column, Peter A. Crusco addresses the particularity requirement as it relates to digital evidence seized by search warrant, reviews some of the recent cases, … Continue reading

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LA: No REP in a contraband cell phone found in a jail

There is no reasonable expectation of privacy in a contraband cell phone found in a jail. Riley provides no protection in a jail cell phone. State v. Kisack, 2017 La. LEXIS 2314 (Oct. 18, 2017). A traffic stop was based … Continue reading

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