Category Archives: Cell phones

AP: Geofence warrants to be tested in VA bank robbery case

AP: Geofence warrants to be tested in Virginia bank robbery case (“Surveillance video gave authorities a lead, showing a man holding a cellphone outside the Call Federal Credit Union in Midlothian on May 20, 2019. So like a growing number of … Continue reading

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E.D.Ky.: SW can compel persons present at time of seizure of cellphone to provide biometrics to unlock it on mere RS; PC not required

“Modern day biometric authentication features for electronic devices allow once trivial gestures, such as a momentary stare or touch, to be the barrier between the outside world and an individual’s most intimate, private details. The United States has applied for … Continue reading

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D.Minn.: Is changing cell phone settings before SW issued a search? SW moots that issue

The court does not have to decide whether changing the settings on defendant’s cell phone prior to obtaining a search warrant for it was a search. The later issuance of a search warrant for the phone moots that point because … Continue reading

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IN: Def couldn’t be held in contempt for refusing to unlock cell phone pleading 5A

“When Katelin Seo was placed under arrest, law enforcement took her iPhone believing it contained incriminating evidence. A detective got a warrant to search the smartphone, but he couldn’t get into the locked device without Seo’s assistance. So the detective … Continue reading

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TN: Motion to suppress wasn’t decided but state didn’t offer evidence at trial until defense opened the door; admitted as 404(b)

The state sought a search warrant for cell phones and then lost the product before trial. They still had the phones and looked again without a warrant just before trial. Defendant moved to suppress but argued that the phones weren’t … Continue reading

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M.D.Pa.: Probation search of cell phone was reasonable even though a later forensic search was conducted

A probation search of defendant’s cell phone was based on reasonable suspicion that defendant violated his conditions of supervised release. The later warrantless forensic review of his phone was unreasonable. United States v. Brownlee, 2020 U.S. Dist. LEXIS 103839 (M.D. … Continue reading

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AZ: Cell phones “property” subject to probation searches

“Cell phones provide access to an immense array of private information, much of which is stored in the Cloud or on sites controlled by third parties. As such, the United States Supreme Court concluded in Riley v. California that people … Continue reading

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D.Nev.: Six days to draft a cell phone SW was reasonable

The government was diligent in getting a warrant over six days, including a weekend, where the agents and the USAO spent most of three days drafting it. “Still, the Fourth Amendment obligated the United States to ‘diligently obtain[ ] a … Continue reading

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techdirt: On The Same Day The FBI Claimed No Vendor Could Crack IPhones, Another Way To Crack IPhones Made The News

techdirt: On The Same Day The FBI Claimed No Vendor Could Crack IPhones, Another Way To Crack IPhones Made The News by Tim Cushing:

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AZ: Cell phones are “property” subject to probation searches

“Cell phones provide access to an immense array of private information, much of which is stored in the Cloud or on sites controlled by third parties. As such, the United States Supreme Court concluded in Riley v. California that people … Continue reading

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EFF: COVID-19 Patients’ Right to Privacy Against Quarantine Surveillance

EFF: COVID-19 Patients’ Right to Privacy Against Quarantine Surveillance by Adam Schwartz (“Governments around the world are using surveillance technologies to monitor whether COVID-19 patients are complying with instructions to quarantine at home. These include GPS ankle shackles, phone apps … Continue reading

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W.D.Wash.: Powering on a cell phone to look at the lock screen was a search intruding on defendant’s reasonable expectation of privacy

Powering on a cell phone to look at the lock screen was a search intruding on defendant’s reasonable expectation of privacy. United States v. Sam, 2020 U.S. Dist. LEXIS 87143 (W.D. Wash. May 18, 2020):

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MA: Police answering call to seized cell phone was unreasonable without SW

Defendant’s cell phone was seized by the police. A call came in about 74 minutes later, and it was answered. The state could have obtained a search warrant before that and did not, and it didn’t show that it couldn’t. … Continue reading

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IA: 4A claim not properly made in motion for new trial; denied so it can come via post-conviction proceeding

Fourth Amendment claim made in motion for new trial is denied without prejudice to litigate it in a post-conviction proceeding. State v. Bell, 2020 Iowa App. LEXIS 521 (May 13, 2020). Defense counsel wasn’t ineffective for not pursuing a motion … Continue reading

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D.N.M.: Violated no REP to open driver door to read VIN where dashboard number obscured

It was reasonable to open a car door to read the VIN on the doorjamb under New York v. Class because the officer couldn’t see the one on the dashboard because of the glare of the sun. Otherwise, there was … Continue reading

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CA6: No REP in a shipped package after it was received by another

Defendant had no reasonable expectation of privacy in a package shipped to and then received by another. Moreover, there was probable cause for a search of the car the package was in and the package, too. United States v. Moore, … Continue reading

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