Category Archives: Cell phones

W.D.Wash.: 14 month delay in searching seized cell phone was reasonable because it wouldn’t have been returned anyway

A 14 month delay between seizure and search of defendant’s cell phone was not unreasonable because the phone would not have been returned to defendant in any event. Plus, he was in jail and couldn’t possess it. United States v. … Continue reading

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E.D.Mich.: Affidavit’s misidentifying homeowner wasn’t material to the PC to search

Misidentifying the homeowner in the affidavit for the warrant isn’t material because a search warrant runs against the place and the evidence inside. “The identity of the supposedly-misidentified person is irrelevant to the finding of probable cause to search the … Continue reading

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CA4: 31 day delay in getting SW for cell phone was unreasonable

The government’s 31 day delay in getting a search warrant for defendant’s cell phone after its seizure was unreasonable and required suppression of the alleged child pornography on the phone. Because defendant was sentenced to life, the error was not … Continue reading

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N.-M. Ct.Crim.App.: Def knowingly consented to cell phone search in stalking investigation; he was graduate of Naval Academy

Defense counsel was not ineffective for not challenging defendant’s consent to search of his cell phone in a stalking investigation. Defendant understood that the scope of the search would be as broad as necessary, and he knowingly consented. The court … Continue reading

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D.Minn.: Govt showed nexus to def’s cell phones in vehicle involved in a shooting

Defendant’s vehicle was factually connected to a shooting incident, and that gave probable cause to search it under the automobile exception. There was nexus to defendant’s cell phones found in the vehicle to get a separate search warrant for them. … Continue reading

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NYT: iPhone FaceTime Bug That Allows Spying Was Flagged to Apple Over a Week Ago

NYT: iPhone FaceTime Bug That Allows Spying Was Flagged to Apple Over a Week Ago by Nicole Perlroth: SAN FRANCISCO — On Jan. 19, Grant Thompson, a 14-year-old in Arizona, made an unexpected discovery: Using FaceTime, Apple’s video chatting software, … Continue reading

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E.D.N.C.: SW for data off phone isn’t governed by Carpenter

Where the search warrant sought information off defendant’s telephone, Carpenter is not implicated. It was also pre-Carpenter. There was also an order for CSLI in 2015, and that was not barred by Carpenter. United States v. Evans, 2018 U.S. Dist. … Continue reading

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Volokh Conspiracy: Search Warrants and Compelled Biometric Access to Phones

Volokh Conspiracy: Search Warrants and Compelled Biometric Access to Phones by Orin Kerr: A new ruling, and some (mostly critical) thoughts.

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TN: 2012 cell phone search had to be evaluated by law at that time on PCR

Defendant’s post-conviction claim on the 2012 search of his cell phone fails because it wouldn’t have been granted back then. Blunkall v. State, 2019 Tenn. Crim. App. LEXIS 11 (Jan. 4, 2019).* The CI’s information was significantly corroborated by observations … Continue reading

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Tech Advocate: Can Schools Search Students’ Personal Devices

Tech Advocate: Can Schools Search Students’ Personal Devices by Matthew Lynch:

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CA4: Once def knew he was target of a child porn investigation, exigency for seizure of cell phones was apparent

In interviewing the defendant about possible possession of child pornography, his answers created exigent circumstances for seizure of his cell phone because he was well aware of what he was accused of and could then destroy evidence. The two day … Continue reading

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CA7: Cell phone SW that permitted viewing all files of phone was not too “general”

A search warrant for the entire contents of a cell phone was particular and not a general warrant considering that the warrant sought evidence of “criminal recklessness with a deadly weapon” or related to drug dealing. United States v. Bishop, … Continue reading

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