Category Archives: Cell phones

NJ: State failed to show exigency for warrantless phone records search

Under New Jersey statute and constitution, cell phone records and CSLI required a showing of probable cause and a court order since 2010. Exigent circumstances were a recognized exception, and the state failed to show exigency here. State v. Manning, … Continue reading

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W.D.Ky.: Multiple cell phones in car in a cross-country drug run was PC to search the phones

Multiple cell phones in the car in a cross-country drug transportation enterprise was probable cause for searching the phones with a search warrant. “The Court finds that these facts, considered in the totality of the circumstances, provided the issuing magistrate … Continue reading

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NYTimes: F.B.I. Asks Apple to Help Unlock Two iPhones

NYTimes: F.B.I. Asks Apple to Help Unlock Two iPhones by Jack Nicas and Katie Benner (“The request could reignite a fight between the Silicon Valley giant and law enforcement over access to encrypted technology.”)

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WaPo: FBI asks Apple for help cracking Pensacola gunman’s iPhones

WaPo: FBI asks Apple for help cracking Pensacola gunman’s iPhones by Devlin Barrett: The FBI is pressing Apple for help opening iPhones that belonged to the Saudi military student who killed three people last month at a naval base in … Continue reading

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M.D.Pa. Delay in searching cell phones wasn’t unreasonable because def was in jail out of possession anyway

The delay between seizing defendant’s cell phones and searching them wasn’t unreasonable considering he was in jail and would have had no access to them anyway. United States v. Carey, 2020 U.S. Dist. LEXIS 1150 (M.D. Pa. Jan. 6, 2020). … Continue reading

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D.Mont.: With court ordered pinging of cell phone, govt violated no REP in following the pings

Once officers had a warrant authorizing capturing defendant’s cell phone pings back even in 2015, he had no reasonable expectation of privacy in his movements in public when they were following him based on the result of the pings. Therefore, … Continue reading

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N.D.Iowa: Def sought Franks hearing but got a separate suppression hearing which led to his losing on merits of Franks claim

Defendant got a suppression hearing, but not yet a Franks hearing. The USMJ was “on the fence” about whether a Franks hearing was required. Ultimately the findings of fact and conclusions of law supported a lack of materiality on the … Continue reading

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FL1 certifies to the FL S.Ct. whether the password to a cell phone is protected by the 5A

FL1 certifies to the FL S.Ct. whether the password to a cell phone is protected by the Fifth Amendment. Pollard v. State, 2019 Fla. App. LEXIS 18978 (Fla. 3d DCA Dec. 23, 2019): What is the proper legal inquiry when … Continue reading

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Ars Technica: Feds reap data from 1,500 phones in largest reported reverse-location warrant

Ars Technica: Feds reap data from 1,500 phones in largest reported reverse-location warrant by Kate Cox (“The search warrants demanded nine hours’ worth of location history from Google.”):

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WY: Def’s contradictions of travel compared to car rental agreement and lies about criminal history was RS

Defendant was stopped for following too close in a rental car. It was reasonable for the trooper to suspect defendant rented the car to transport drugs because there were obvious contradictions between the car rental agreement and his travel plans, … Continue reading

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TX1: Def lost REP in his mislaid phone that somebody found and opened to try and discern the owner to return it

Defendant mislaid his cell phone, and he didn’t abandon it. Nevertheless, it was available for anyone to pick up and turn in to somebody to help find him. Moreover, it wasn’t passcode protected, and it was reasonable for someone to … Continue reading

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MA: The fact co-conspirators coordinated in planning the crime was nexus to def’s cell phone

The state showed a nexus to defendant’s cell phone and the crime under investigation because the participants were coordinating with each other before hand. “We have no evidence that the purpose of the cell phone call between the defendant, when … Continue reading

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