Category Archives: Cell phones

A.F.Ct.Crim.App.: Request for phone password after signed consent to search phone after Miranda warning not interrogation

Defendant had consented to a search of his cell phone in writing. He’d been Mirandized and then was asked for the passcode, which he gave. The request (not an order) for the passcode, was not an interrogation. United States v. … Continue reading

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E.D.Va.: There is no higher nexus requirement involving cell phone data and tracking

There is no higher nexus requirement involving cell phones. A ping order of a cell phone may be used to collect “mere evidence,” rejecting United States v. Powell, 943 F. Supp. 2d 759 (E.D. Mich. 2013). United States v. Christian, … Continue reading

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CA11: Consent to search in writing and giving password was consent to search cell phone

Turning over the cell phone, consenting to a search in writing, and giving the password all showed that the consent was voluntary. United States v. Grant, 2017 U.S. App. LEXIS 8814 (11th Cir. May 19, 2017).* There was reasonable suspicion … Continue reading

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Just Security: New White Paper Series: 21st Century Framework for Digital Privacy

Just Security: New White Paper Series: 21st Century Framework for Digital Privacy by Jennifer Daskal:

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MA: SW required to access def’s text messages under SCA and state const.

The state needed a search warrant to access defendant’s text messages under the SCA and state constitution. Commonwealth v. Fulgiam, 2017 Mass. LEXIS 338 (May 5, 2017). (Massachusetts has already held that CSLI is protected under the state constitution.) “We … Continue reading

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D.Me.: Putting an iPhone into airplane mode was not a violation of any REP

Putting a seized iPhone into “airplane mode” until a search warrant could be issued was not a search or seizure, and it did not offend a privacy interest. What officers did was contemplated by Riley. United States v. Cain, 2017 … Continue reading

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Cal.4th: Probation search for “property” does not include “electronic data”

The juvenile’s probation search condition for his “property” does not reasonably include electronic data. In re I.V., 2017 Cal. App. LEXIS 392 (4th Dist. April 28, 2017):

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E.D.Mo.: Agreeing that officers could look in his phone and that “nothing would be found” is broad consent

Defendant consented to a search of his cell phone. “Defendant expressly directed Officer Rudolph to look in Defendant’s cellular telephone when Officer Rudolph informed Defendant that the telephone would be seized as evidence. The statement that ‘[t]here’s not going to … Continue reading

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techdirt: Legislators, School Administrators Back Off Cellphone Search Bill After Running Into ACLU Opposition

techdirt: Legislators, School Administrators Back Off Cellphone Search Bill After Running Into ACLU Opposition by Tim Cushing:

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Yahoo! Tech: A Former NSA Lawyer Explains Why Searching Phones at the Border Is a Waste of Time

Yahoo! Tech: A Former NSA Lawyer Explains Why Searching Phones at the Border Is a Waste of Time by Brian Feldman

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