Category Archives: Cell phones

S.D.N.Y.: Driver’s cell phone search in 2017 NYC truck attack on pedestrians attributed to ISIS was with PC and was particular

The defendant in the 2017 New York City truck attack attributed to ISIS moved to suppress his cell phone search, primarily on the ground that ubiquity of cell phones alone isn’t enough. There was more. The court credits the FBI … Continue reading

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Virginia Gazette: Police department searches of social media, cellphone data increasingly common

Virginia Gazette: Police department searches of social media, cellphone data increasingly common by Steve Roberts Jr: According to a Virginia Gazette analysis of 511 search warrants digitized and filed in the Williamsburg-James City County Circuit Court since 2011, there has … Continue reading

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Forbes: Apple Publicly Trolls Google Over Controversial Smart City Surveillance Plans

Forbes: Apple Publicly Trolls Google Over Controversial Smart City Surveillance Plans by Zak Doffman:

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CA7: Drug stakeout led to stumbling upon CP in plain view

Officers were in a park looking for a drug meet up. They incidentally noticed defendant’s car and his actions suggested he might be doing drugs. They approached him and smelled marijuana coming from the car, but he was in the … Continue reading

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CA5: GFE saves search of cell phone seized when not specified in SW

A juvenile probation officer started an investigation into whether girls under his supervision were being pimped out. Substantial evidence was developed that concluded they were. A search warrant was obtained for defendant’s property, and computers were mentioned for seizure but … Continue reading

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FL3: A flash drive plugged into a work computer is subject to search as a part of the work computer

Defendant was employed by the Miami-Dade Police Department and worked in the armory. She was suspected of falsifying police reports to get her husband fired from his job. When investigators went to her work computer, her personal flash drive was … Continue reading

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S.D.Ill.: No 4A claim for prison lockdown and shakedown for drugs

There is no Fourth Amendment claim available to an inmate at USP Marion for prison wide shakedowns for two days after drugs came in and the prison went into lockdown. Kammeyer v. True, 2019 U.S. Dist. LEXIS 107060 (S.D. Ill. … Continue reading

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FL1: Recognizing conflict in many courts on compelled password production, court takes a middle ground: state must show what it wants with “reasonable particularity”

“To what extent does the Fifth Amendment right against self-incrimination protect a suspect in a criminal case from the compelled disclosure of a password to an electronic communications device in the state’s possession? Courts differ in their legal analysis of … Continue reading

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Law360: Border Phone Search Questions Continue In Fed. Court

Law360: Border Phone Search Questions Continue In Fed. Court: Can the federal government confiscate, search and retain your cellphone at the border for no reason at all?

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D.Ariz.: SW for text messages prior to date of offense suppressed, after date were proper

The issuing magistrate properly issued a search warrant for text messages on defendant’s cell phone for a particular date and thereafter by inference. Prior to that particular date is suppressed for lack of probable cause. United States v. Bowen, 2019 … Continue reading

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NACDL Fourth Amendment Center: Compelled Decryption Primer

NACDL Fourth Amendment Center: Compelled Decryption Primer:

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N.D.Cal.: 41-day delay from seizure to search of a cell phone wasn’t constitutionally unreasonable on these facts

41-day delay between seizure of cell phone and its search, while not good, wasn’t constitutionally unreasonable under all the circumstances, primarily because defendant was in custody and couldn’t use the phone anyway, so it didn’t intrude on his possessory interests. … Continue reading

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