Category Archives: Cell phones

CT Tax & Admin.: Order to DoC employees to their search cell phones for public records was excessive

An agency order to employees to search their personal cell phones for copies of public records is in excess of agency authority. Comm’r of the Dep’t of Corr. v. Freedom of Info. Comm’n, 2020 Conn. Super. LEXIS 1004 (Tax & … Continue reading

Posted in Administrative search, Cell phones | Comments Off on CT Tax & Admin.: Order to DoC employees to their search cell phones for public records was excessive

Law360: Discarded Phone Rulings Misapply 4th Amendment Case Law

Law360: Discarded Phone Rulings Misapply 4th Amendment Case Law

Posted in Abandonment, Cell phones | Comments Off on Law360: Discarded Phone Rulings Misapply 4th Amendment Case Law

FL1: Foregone conclusion exception applies to compelling def’s cell phone password

The foregone conclusion exception applies to compelling defendant’s cell phone password, thus distinguishing Pollard v. State, 287 So. 3d 649 (Fla. 1st DCA 2019). Varn v. State, 2020 Fla. App. LEXIS 12478 (Fla. 1st DCA Sept. 3, 2020):

Posted in Cell phones, Privileges | Comments Off on FL1: Foregone conclusion exception applies to compelling def’s cell phone password

CA5: RS required for border search of digital devices

Based on some other circuits, digital forensic searches require at least reasonable suspicion and no warrant. Defendant’s digital search complied with the rules of other circuits, so it was at least in good faith. United States v. Aguilar, 2020 U.S. … Continue reading

Posted in Border search, Cell phones, Reasonable suspicion | Comments Off on CA5: RS required for border search of digital devices

W.D.Mo.: Mask ordinance doesn’t violate 4A right of privacy

The City of Springfield mask ordinance does not violate, inter alia, the Fourth Amendment right to privacy. Shelton v. City of Springfield, 6:20-cv-03258 (W.D. Mo. Sept. 2, 2020). “In specifically detailing the criminal conduct under investigation, the search warrants provide … Continue reading

Posted in Cell phones, Particularity, Reasonableness, Scope of search | Comments Off on W.D.Mo.: Mask ordinance doesn’t violate 4A right of privacy

D.Alaska: SW for cell phone was broad; it had to be, but not unreasonably so

The search of defendant’s cell phone did not unreasonably exceed the search warrant for it which was necessarily broad. “As a threshold matter, the search did not exceed the scope of the warrant. Without contesting the validity of the warrant … Continue reading

Posted in Cell phones, Scope of search | Comments Off on D.Alaska: SW for cell phone was broad; it had to be, but not unreasonably so

FL5: Compelling password to cell phone violates 5A

An attempt to order a cell phone owner to provide his password to the phone is testimonial under the Fifth Amendment. The court also concludes the foregone conclusion doctrine does not apply. Garcia v. State, 2020 Fla. App. LEXIS 12232 … Continue reading

Posted in Cell phones, Privileges | Comments Off on FL5: Compelling password to cell phone violates 5A

N.D.Ill. rejects geofence warrant for cell phone and owner data as overbroad

A third geofence warrant to attempt to determine who was around stolen prescription medication. It too is denied as overbroad. In re Search of Info. Stored at Premises Controlled by Google, 2020 U.S. Dist. LEXIS 152712 (N.D. Ill. Aug. 24, … Continue reading

Posted in Cell phones, Overbreadth | Comments Off on N.D.Ill. rejects geofence warrant for cell phone and owner data as overbroad

E.D.Pa.: Guest who intended to spend the night had standing

Defendant had standing to contest a search of premises he was visiting and anticipated spending the night. He loses on the merits by his consent. United States v. Mack, 2020 U.S. Dist. LEXIS 152664 (E.D. Pa. Aug. 24, 2020). Defendant’s … Continue reading

Posted in Cell phones, Reasonable suspicion, Standing | Comments Off on E.D.Pa.: Guest who intended to spend the night had standing

CA8: Community caretaking entry still justified protective sweep

Police came to defendant’s house for a community caretaking call, and they heard a person inside calling for help. They knew defendant was on probation for firearms, that he had a history of drug use, and that he had surveillance … Continue reading

Posted in Cell phones, Community caretaking function, Consent, Protective sweep | Comments Off on CA8: Community caretaking entry still justified protective sweep

NJ: Once SW issues for cell phone, foregone conclusion exception to self-incrimination applies and password can be compelled

Once a search warrant issues for a cell phone, there is no privilege of self-incrimination in the phone barring compelled production of the password. The foregone conclusion exception to the Fifth Amendment applies. State v. Andrews, A-72-18 (N.J. Aug. 10, … Continue reading

Posted in Cell phones, Privileges | Comments Off on NJ: Once SW issues for cell phone, foregone conclusion exception to self-incrimination applies and password can be compelled

NM: Calls to murder victim’s cell phone just before murder was PC to get CSLI on the phone

A shooting victim made and received cell phone calls to his phone and the calls were not in the contacts list 30 minutes before the victim was found dead. This was probable cause for data about that caller including the … Continue reading

Posted in Cell phones, Cell site location information, Inventory | Comments Off on NM: Calls to murder victim’s cell phone just before murder was PC to get CSLI on the phone

CA11: A cell phone with 2kg of heroin and cash is PC for the phone

“[L]aw enforcement officers had probable cause to obtain a warrant to search the cell phone because it was found in a truck with two kilograms of heroin and $24,000 of loose currency during the investigation into the heroin-distribution conspiracy.” CoA … Continue reading

Posted in Admissibility of evidence, Cell phones, Ineffective assistance, Probable cause | Comments Off on CA11: A cell phone with 2kg of heroin and cash is PC for the phone

MN: Defense SDT for victim’s cell phone was not a 4A issue but was governed by law of subpoenas

The defendant in a sex case sought a subpoena duces tecum for the alleged victim’s cell phone. The state responded that the Fourth Amendment requires probable cause and an order. The court declines to find that the Fourth Amendment applies … Continue reading

Posted in Cell phones, Subpoenas / Nat'l Security Letters | Comments Off on MN: Defense SDT for victim’s cell phone was not a 4A issue but was governed by law of subpoenas

CNET: Lawmaker questions Google’s CEO about geofence warrants

CNET: Lawmaker questions Google’s CEO about geofence warrants by Alfred Ng (“The warrants allow police to sweep up location data belonging to any people who were in a specific area. | Geofence warrants are facing legal challenges across the US, … Continue reading

Posted in Cell phones | Comments Off on CNET: Lawmaker questions Google’s CEO about geofence warrants

NM: SW time limit to execute cell phone SW is from initial seizure, not the download

“[W]hen a warrant is issued to search an electronic device, that warrant is executed when the device is seized or the data is copied on-site, which must occur within Rule 5-211(C)’s ten-day time limit. Rule 5-211(C)’s ten-day time limit applies … Continue reading

Posted in Cell phones, Warrant execution | Comments Off on NM: SW time limit to execute cell phone SW is from initial seizure, not the download