Category Archives: Cell phones

CA8: SW for CP didn’t include “cell phone” in “electronic devices,” but GFE covers it

The search warrant here was for electronic devices that could hold child pornography, and it failed to specifically mention defendant’s cell phone. The good faith exception, however, overcame this omission of particularity. United States v. Pospisil, 2021 U.S. App. LEXIS … Continue reading

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N.D.Cal.: “Hot watch” order for real time travel information isn’t disclosable yet; matter still under investigation

The government made an “Application request[ing] an order compelling Sabre, a travel technology firm, ‘to provide representatives of the FBI complete and contemporaneous ‘real time’ account activity’ for an individual subject to an arrest warrant—what the government refers to as … Continue reading

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CA2: Parole search valid under “special needs” even without RS

The parole search here lacked reasonable suspicion, but it was justified by the special needs exception to the warrant requirement. “Because a search undertaken by a parole officer of a parolee to detect parole violations is ‘reasonably related to the … Continue reading

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W.D.Mo.: How long is too long a wait for search of a seized cell phone: reasonableness controls

“A seizure reasonable at its inception because it is based upon probable cause may become unreasonable as a result of its duration. The duration of the seizure pending the issuance of a search warrant must still be reasonable, and reasonableness … Continue reading

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CA8: Cell tower warrant to ID robbers was reasonable and with PC

Cell phone tower warrant in an effort to solve multiple robberies by identifying repeated phone use was reasonable when the question is a “substantial basis,” which there was. United States v. James, 2021 U.S. App. LEXIS 20336 (8th Cir. July … Continue reading

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OR: Venn diagram of PC to a place or thing (nexus)

State v. Turay, 313 Ore. App. 45, 53, 2021 Ore. App. LEXIS 941 (July 8, 2021):

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CA3: No REP in sent text messages

“[C]ounsel notes that he moved to suppress the text messages Bereznak and A.G. exchanged, arguing that those messages were acquired from A.G.’s cellphone in violation of Bereznak’s Fourth Amendment rights. This issue lacks merit because Bereznak had no reasonable expectation … Continue reading

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M.D.Fla.: SW for cell phone permitted accessing his apps via internet with phone

The search warrant for defendant’s cell phone was issued with probable cause. The permissible scope of search included applications on the phone but having to go to the internet via the app. Moreover, the warrant for searching the phone included … Continue reading

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LA2: Cell phone seizure and search moot where nothing used in court

Contemnor was in a grand jury proceeding, and he was holding his cell phone like he was recording it. Based on witness reports, a contempt order issued and the phone was seized. The court issued an order authorizing it be … Continue reading

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Techdirt: DOJ Asks DC Court To Compel Decryption Of Device Seized In A Capitol Raid Case

Techdirt: DOJ Asks DC Court To Compel Decryption Of Device Seized In A Capitol Raid Case by Tim Cushing. The government filed this pleading.

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D.Mass.: Four month delay in getting SW for cell phone was not unreasonable

There was justification for seizure of defendant’s cell phone in plain view because it might have evidence of a crime on it. The four month delay in obtaining a search warrant for the phone was reasonable under all the circumstances, … Continue reading

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D.Mass.: 14 day delay between seizure and search of cell phone reasonable

This 14 day delay between the seizure of his cell phones and the application of the warrant to seize them is reasonable. In addition, there is no Fourth Amendment right to have a search warrant issued sooner than it was, … Continue reading

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Orin S. Kerr, Decryption Originalism: The Lessons of Burr

Orin S. Kerr, Decryption Originalism: The Lessons of Burr, 134 Harv. L. Rev. 905 (2021):

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D.Conn.: Unreasonable delay in getting SW for cell phone defeats GFE

Where the officers impermissibly delayed obtaining a search warrant for defendant’s cell phone, the good faith exception does not apply. The initial seizure of the phone was valid because it was left at a crime scene. United States v. Tisdol, … Continue reading

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Law.com: Hey SIRI, Does the Fifth Amendment Protect My Passcode?

Law.com: Hey SIRI, Does the Fifth Amendment Protect My Passcode? by Robert J. Anello & Richard F. Albert (“When law enforcement seeks to compel a subject to provide a passcode to allow them to rummage through a cellphone, courts have … Continue reading

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BBC: ANOM: Hundreds arrested in massive global crime sting using messaging app

BBC: ANOM: Hundreds arrested in massive global crime sting using messaging app (“More than 800 suspected criminals have been arrested worldwide after being tricked into using an FBI-run encrypted messaging app, officials say. [¶] The operation, jointly conceived by Australia … Continue reading

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CA8: If firearms are “tools of the trade” of drug dealers, so are cell phones

Defendant’s using his cell phone to arrange a drug transaction justified a search warrant for it. If firearms are “tools of the trade,” then so are cell phones. United States v. Eggerson, 2021 U.S. App. LEXIS 16823 (8th Cir. June … Continue reading

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MA: No REP in a sent text message

There is no reasonable expectation of privacy in a text message sent to another cell phone. Commonwealth v. Delgado-Rivera, 2021 Mass. LEXIS 341 (June 1, 2021):

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D.N.J.: Owner of house consented to search of guest’s room

The consenter had control over the entire premises defendant was visiting, and that included the bedroom he was staying in. It was reasonable for the officers to believe he had control over the entire premises. Moreover, defendant didn’t object to … Continue reading

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N.D.Ga.: Two year delay in searching seized cell phone not unreasonable

Defendant’s cell phone was seized in April 2017 but not finally searched until April 2019. This was still reasonable under Rule 41. United States v. Dixon, 2021 U.S. Dist. LEXIS 95041 (N.D. Ga. Apr. 15, 2021):

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