Category Archives: Cell phones

CA6: Seizure of cell phone under SW had to be within time prescribed but the actual off-site search can be later

The seizure of the cell phone was within the time prescribed in the search warrant, but the actual search of the phone didn’t occur until after the time prescribed. This did not violate the Fourth Amendment. Off-site analysis was expected … Continue reading

Posted in Cell phones, Cell site location information, Warrant execution | Comments Off on CA6: Seizure of cell phone under SW had to be within time prescribed but the actual off-site search can be later

S.D.N.Y.: Court can’t return property under Rule 41(g) after civil forfeiture starts

Once a civil forfeiture proceeding has started, the court loses jurisdiction to consider a Rule 41(g) motion for return of property. United States v. Paulino, 2018 U.S. Dist. LEXIS 176893 (S.D. N.Y. Oct. 16, 2018). The seizure of defendant’s cell … Continue reading

Posted in Cell phones, Forfeiture, Rule 41(g) / Return of property | Comments Off on S.D.N.Y.: Court can’t return property under Rule 41(g) after civil forfeiture starts

AL: Def waived REP in cell phone by leaving it at crime scene

Defendant waived any reasonable expectation of privacy in his cell phone by leaving it at the crime scene. Tolbert v. State, 2018 Ala. Crim. App. LEXIS 65 (Oct. 15, 2018). The child pornography affidavit for search warrant wasn’t a “model … Continue reading

Posted in Abandonment, Cell phones, Probable cause | Comments Off on AL: Def waived REP in cell phone by leaving it at crime scene

KS: Pushing a button on a cell phone to light up screen was not a plain view; suppression affirmed

Defendant was involved in a fatal car accident, and the officer at the scene allegedly saw the screen of the cell phone in plain view showing texting at the time of the accident. While two U.S. District Court cases support … Continue reading

Posted in Cell phones, Plain view, feel, smell | Comments Off on KS: Pushing a button on a cell phone to light up screen was not a plain view; suppression affirmed

D.Ariz.: Affidavit for SW showed fair probability cell phone was used in crime

“The Court finds there was a fair probability that Defendant was using the cell phone in furtherance of drug trafficking and money laundering and that physical location data for that phone would lead to evidence, fruits, or instrumentalities of those … Continue reading

Posted in Cell phones, Probable cause | Comments Off on D.Ariz.: Affidavit for SW showed fair probability cell phone was used in crime

Vice News: Tim Cook: “I hope I never see again” how the FBI came for Apple after San Bernardino

Vice News: Tim Cook: “I hope I never see again” how the FBI came for Apple after San Bernardino by Valarie Kipnis:

Posted in Cell phones | Comments Off on Vice News: Tim Cook: “I hope I never see again” how the FBI came for Apple after San Bernardino

Ars Technica: Cops told suspect he had to open iPhone X with his face, so he did

Ars Technica: Cops told suspect he had to open iPhone X with his face, so he did by Cyrus Farivar: Child-porn case in Ohio reveals how some law enforcement are trying to thwart Face ID.

Posted in Cell phones | Comments Off on Ars Technica: Cops told suspect he had to open iPhone X with his face, so he did

MA: Delay in searching cell phones lawfully seized wasn’t unreasonable

There was evidence defendants coordinated their actions while in separate cars, and that provided a strong inference they were in communication by cell phone, thus providing probable cause to search them. Police promptly seized the phones and then obtained search … Continue reading

Posted in Cell phones, Reasonableness | Comments Off on MA: Delay in searching cell phones lawfully seized wasn’t unreasonable

D.Conn.: No per se standing in a cell phone seized off your person; prove it’s yours

Defendant made no attempt to show standing in the cell phone of another person that was lawfully seized incident to his arrest and in his pocket. He needed his own testimony or that of another to establish it. United States … Continue reading

Posted in Cell phones, Probation / Parole search, Standing | Comments Off on D.Conn.: No per se standing in a cell phone seized off your person; prove it’s yours

N.D.Ohio: Parole officers’ clinical reports didn’t have any of the added color at the suppression hearing, so the court doesn’t credit their testimony

“Based upon the totality of the circumstances and the Court’s assessment of the credibility of the parole officers, the Court finds that the [parole authority] lacked reasonable suspicion to search Neff’s cell phone. The results of the search, therefore, must … Continue reading

Posted in Burden of proof, Cell phones, Ineffective assistance, Probation / Parole search | Comments Off on N.D.Ohio: Parole officers’ clinical reports didn’t have any of the added color at the suppression hearing, so the court doesn’t credit their testimony

AR: Cell phone search suppressed and state gets do over with independent source doctrine

Probable cause was shown for a search warrant for a cell phone for taking video of defendant’s daughters changing clothes under a door. The independent source doctrine permitted police to get a second search warrant for the phone after the … Continue reading

Posted in Cell phones, Independent source, Reasonable suspicion | Comments Off on AR: Cell phone search suppressed and state gets do over with independent source doctrine

IL: Not error for court to decline to continue suppression hearing for what would have been merely cumulative evidence having no affect on outcome

It was not error to deny a continuance in a suppression hearing after it started because one officer was unavailable due to a death in the family. The defense didn’t even know what he would testify to when asked, but … Continue reading

Posted in Cell phones, Suppression hearings | Comments Off on IL: Not error for court to decline to continue suppression hearing for what would have been merely cumulative evidence having no affect on outcome