Category Archives: Cell phones

CA7: Controlled heroin buy led to drug warrant led to CP warrant

A drug raid on a convicted sex offender’s place found him with a half-naked 16 year old under the bed. She lied about her name and age, so the officers used their search warrant authorizing a search of cell phones … Continue reading

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CNET: US Border Patrol says it won’t search travelers’ cloud data

CNET: US Border Patrol says it won’t search travelers’ cloud data by Steven Musil Clarification came in response to the senator’s questions about border agents pressuring Americans into providing device credentials. Endgadget: US Customs can search phones but not data … Continue reading

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OH7: Providing passcode to cell phone showed consent

Defense counsel didn’t provide ineffective assistance of counsel for not pursuing a motion to suppress consent to search her cell phone. Defendant verbally consented to search her home and then in writing, and then she verbally consented to the search … Continue reading

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MA: No PC shown for text messages, but PC shown for CSLI information

The state could not show that defendant’s text messages would show his connection with a murder, so the text messages were properly suppressed. The ubiquity of cell phones, however, does provide probable cause to believe that it might show the … Continue reading

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LA4: No right to a Miranda warning when consent sought for DNA swab

Taking DNA by a buccal swab is a search, but defendant doesn’t have a right to a Miranda warning when consent is sought. State v. Cooper, 2017 La. App. LEXIS 1211 (La.App. 4 Cir. July 5, 2017). The seizure of … Continue reading

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FL declines to to apply Davis GFE where cell phone search issue was being actively litigated all over

Where everybody knew that the law wasn’t settled at the time of the search of defendant’s cell phone before Riley because the issue was being litigated everywhere and in this state, the state doesn’t get the benefit of the Davis … Continue reading

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GA: No standing in phone subscriber records to a phone that’s not in his name

Defendant consented to giving his phone to the police. During his interview, he picked up the phone and was manipulating it, and the officers took it away from him until they could get a search warrant. This was reasonable [and … Continue reading

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D.P.R.: Secondary border inspection of def’s cell phone for evidence of dog fighting was reasonable

Defendant’s alleged fighting dogs and his cell phone were validly the subject of secondary border inspections in San Juan. United States v. Castro-Correa, 2017 U.S. Dist. LEXIS 90966 (D.P.R. June 12, 2017).* Defendant didn’t have standing to challenge the search … Continue reading

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E.D.Va.: Potential fraud conspiracy provided inference for PC to search cell phones

There was probable cause for the search of defendant’s cell phones in his car. He fled from an attempt to make a purchase at a store with a stolen prepaid credit card. When his car was stopped, he consented to … Continue reading

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A.F.Ct.Crim.App.: Request for phone password after signed consent to search phone after Miranda warning not interrogation

Defendant had consented to a search of his cell phone in writing. He’d been Mirandized and then was asked for the passcode, which he gave. The request (not an order) for the passcode, was not an interrogation. United States v. … Continue reading

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