Category Archives: Cell phones

OR: Cell phone SW was fatally overbroad for scope of search

This cell phone warrant was based on probable cause, and it was particular as to drug related information with a specific time period. However, it was overbroad because it, as the state argued, essentially let the state seize anything else … Continue reading

Posted in Cell phones, Overbreadth, Overseizure | Comments Off on OR: Cell phone SW was fatally overbroad for scope of search

TX14: Nexus here established by logical inference

The record supported nexus for search warrants for cell phone apparently used to coordinate between two cars that were driving for an hour in a shopping mall parking lot looking for a robbery target. It was logically the only way … Continue reading

Posted in Cell phones, Nexus, Reasonable expectation of privacy | Comments Off on TX14: Nexus here established by logical inference

AK: No PC shown for cell phone search in a Medicaid fraud case

In a Medicaid fraud case, the state did not show probable cause to believe evidence would be found on the cell phone of the Medicaid provider. The search warrant was also not particular for the cell phone. The warrant authorized … Continue reading

Posted in Cell phones, Particularity, Probable cause | Comments Off on AK: No PC shown for cell phone search in a Medicaid fraud case

MA: Extraterritorial citizen’s arrest power doesn’t permit seizures of cell phone and removal back home

Officers went to New Hampshire on a criminal investigation for a Massachusetts crime, and they ended up seizing defendant’s cell phone to preserve evidence, bringing it back to Massachusetts where it was searched. The common law power of citizen’s arrest … Continue reading

Posted in Arrest or entry on arrest, Cell phones, Common law, Conflict of laws, Particularity | Comments Off on MA: Extraterritorial citizen’s arrest power doesn’t permit seizures of cell phone and removal back home

Wired: How to Protect Yourself From Phone Searches at the US Border

Wired: How to Protect Yourself From Phone Searches at the US Border by Lily Hay Newman & Matt Burgess (“Customs and Border Protection has broad authority to search travelers’ devices when they cross into the United States. Here’s what you … Continue reading

Posted in Border search, Cell phones | Comments Off on Wired: How to Protect Yourself From Phone Searches at the US Border

S.D.N.Y.: 15 months not too long to make cell phone search and review unreasonable

Fifteen months to review a cell phone search “was accomplished in a reasonable amount of time. Although a review period of fifteen months is ‘certainly not brief,’ it was not unreasonably long considering ‘the challenges of searching ESI from electronic … Continue reading

Posted in Cell phones, Plain view, feel, smell, Probable cause | Comments Off on S.D.N.Y.: 15 months not too long to make cell phone search and review unreasonable

E.D.Wis.: PC was shown for a warrant for five cell phones for use in trafficking drugs

Probable cause was shown for a warrant for five cell phones for use in trafficking drugs. “The presence of the phones near drugs also gave rise to an inference that any phones associated with the defendant (in cars he drove … Continue reading

Posted in Cell phones, Probable cause, Reasonable suspicion | Comments Off on E.D.Wis.: PC was shown for a warrant for five cell phones for use in trafficking drugs

TX3: It was a fair inference for PC that evidence of def’s social media posts were on his phone

Defendant was a suspect in a driveby shooting. Because defendant’s social media showed firearms, it was a fair inference that evidence of the offense or the social media posts would be on his phone. Therefore, there was probable cause for … Continue reading

Posted in Cell phones, Standing, Warrant execution | Comments Off on TX3: It was a fair inference for PC that evidence of def’s social media posts were on his phone

CA11: Border searches of electronic devices need no RS

Border searches of electronic devices need no reasonable suspicion, unlike intensive searches of the body. Riley did not change that. United States v. Pulido, 2025 U.S. App. LEXIS 8264 (11th Cir. Apr. 8, 2025). Later acquired information can’t be used … Continue reading

Posted in Border search, Cell phones, Computer and cloud searches, Reasonable suspicion | Comments Off on CA11: Border searches of electronic devices need no RS

Detroit Free Press: Lawyer for U-M protester detained at airport after spring break trip with family

Detroit Free Press: Lawyer for U-M protester detained at airport after spring break trip with family by Tresa Baldas:

Posted in Border search, Cell phones | Comments Off on Detroit Free Press: Lawyer for U-M protester detained at airport after spring break trip with family

CNN: Canada warns travelers of US border agents’ authority to search electronic devices

CNN: Canada warns travelers of US border agents’ authority to search electronic devices by Mohammed Tawfeeq:

Posted in Border search, Cell phones, Computer and cloud searches | Comments Off on CNN: Canada warns travelers of US border agents’ authority to search electronic devices

S.D.N.Y.: Just because a cell phone was found in def’s car doesn’t mean he has standing to challenge its search

Defendant didn’t show standing to challenge the search of a cell phone found in his car that wasn’t his. United States v. Pulliam, 2025 U.S. Dist. LEXIS 64356 (S.D.N.Y. Mar. 31, 2025). A search warrant for a Jan. 6th defendant … Continue reading

Posted in Cell phones, Qualified immunity, Standing | Comments Off on S.D.N.Y.: Just because a cell phone was found in def’s car doesn’t mean he has standing to challenge its search

Reason: What To Do If Border Police Ask To Search Your Phone

Reason: What To Do If Border Police Ask To Search Your Phone by Matthew Petti (“Know how much the law does—and doesn’t—protect your privacy rights.”)

Posted in Border search, Cell phones | Comments Off on Reason: What To Do If Border Police Ask To Search Your Phone

CNS: ACLU urges 2nd Circuit to rethink no-warrant cellphone searches at US border

Courthouse News Service: ACLU urges 2nd Circuit to rethink no-warrant cellphone searches at US border by Erik Uebelacker (“A Fourth Amendment carveout that gives U.S. Border Patrol agents the right to conduct warrantless searches shouldn’t apply to cellphones and laptops, … Continue reading

Posted in Border search, Cell phones | Comments Off on CNS: ACLU urges 2nd Circuit to rethink no-warrant cellphone searches at US border

D.Ariz.: A cell phone tower dump of a two-hour span is not a “Fourth Amendment event”

A cell phone tower dump of a two-hour span is not a “Fourth Amendment event.” Even if it was, the good faith exception applies. United States v. Pricop, 2025 U.S. Dist. LEXIS 55939 (D. Ariz. Mar. 25, 2025):

Posted in Cell phones | Comments Off on D.Ariz.: A cell phone tower dump of a two-hour span is not a “Fourth Amendment event”

M.D.Ga.: Cell phone in car of drug dealer was seizable and searched with particular SW

Cell phone found in the car of one reasonably believed to be a drug dealer was searched by a warrant that was particular and with probable cause. United States v. Chambers, 2025 U.S. Dist. LEXIS 53490 (M.D. Ga. Mar. 24, … Continue reading

Posted in Cell phones, Particularity | Comments Off on M.D.Ga.: Cell phone in car of drug dealer was seizable and searched with particular SW

PA: Contents of a closed shoebox wasn’t in plain view

The contents of a closed shoebox were not in plain view. Commonwealth v. Herlth, 2025 PA Super 73, 2025 Pa. Super. LEXIS 138 (Mar. 24, 2025). “In sum, the evidence before the Court shows that the PGPD and the FBI … Continue reading

Posted in Cell phones, Emergency / exigency, Overbreadth, Plain view, feel, smell | Comments Off on PA: Contents of a closed shoebox wasn’t in plain view

CA9: 71-day delay for iPhone SW was reasonable where software update was involved

71-day delay in getting search warrant to access defendant’s cell phone was reasonable where the delay was attributed to waiting for a software update for their device because the iPhone was a newer model. United States v. Powell, 2025 U.S. … Continue reading

Posted in Cell phones, Franks doctrine, Informant hearsay, Plain view, feel, smell, Warrant execution | Comments Off on CA9: 71-day delay for iPhone SW was reasonable where software update was involved

S.D.N.Y.: Regularly posting whereabouts on social media helps show nexus to cell phone

Officers keyed on defendant as a shooting suspect because of a social media post from a year before with him wearing what appear to be the pants worn by the shooter. As for nexus to defendant’s phone, they rely on … Continue reading

Posted in Cell phones, Nexus | Comments Off on S.D.N.Y.: Regularly posting whereabouts on social media helps show nexus to cell phone

TN: Nexus shown to cell phone in murder case

The trial court granted defendant’s motion to suppress the search of his cell phone in a murder case. On the state’s interlocutory appeal, suppression is reversed. There was sufficient nexus shown between the cell phone and the offense under investigation … Continue reading

Posted in Cell phones, Nexus | Comments Off on TN: Nexus shown to cell phone in murder case