Category Archives: Cell phones

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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LA: False statement in affidavit passed from another officer was harmless on PC question

The statement the officer used in the affidavit came from another officer. At worst it was negligent and not an intentional misrepresentation. No matter what, however, it doesn’t undermine the probable cause, so the motion was properly denied. State v. … Continue reading

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S.D.Ga.: No standing in a wiretapped contraband cell phone in prison

Defendant’s calls on a contraband cell phone in jail were wiretapped. He doesn’t even have standing because the phone was unlawful. “The cases concerning the precise question at issue—a prisoner’s ability to challenge the introduction of intercepted communications from his … Continue reading

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TX1: No REP in a contraband cell phone in a halfway house

There is no reasonable expectation of privacy in a contraband cell phone possessed by a sex offender in a halfway house. The phone was subject to search like any other personal property, and defendant had a prohibition against possession of … Continue reading

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MD: Phone call recorded on cell phone that was searched not protected by state wiretap act

Defendant recorded a drug transaction on his cell phone. When his phone was seized and then searched during his arrest, the recording was found. It was legitimately seized, and the defendant can’t claim the state wiretap act protected him as … Continue reading

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N.D.Ohio: There was a reasonable inference def’s house had his cell phones

The search warrant for cell phones was based on a reasonable inference that they’d be found in defendant’s house, and the search of his house and person were justified. “Herein, it was reasonable for the magistrate to infer that the … Continue reading

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M.D.Tenn.: The affidavit for SW of def’s cell phone was mostly “boilerplate,” but added enough to get over the PC threshold

Because of evidence in plain view (drugs and a gun) after a traffic accident and all of defendant’s prior drug arrests, it was not unreasonable for officers to seize defendant’s Tracfone incident to arrest. The affidavit to search the cell … Continue reading

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NJ: Cell phone password not 5A privileged on this record

Defendant’s forced disclosure of his iPhone password didn’t violate the Fifth Amendment because his knowledge of that information was a foregone conclusion on this record. State v. Andrews, 2018 N.J. Super. LEXIS 159 (Nov. 15, 2018):

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CA7: Message on cell phone screen when phone was seized could be testified to by officer

Defendant claimed he had a reasonable expectation of privacy in the screen of his cell phone because it was in his pocket up until he was arrested. When the phone was removed from his pocket, a message appeared on the … Continue reading

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E.D.La.: Probation search of a cell phone is permitted under the search condition for searching “personal effects”

A probation search of a cell phone is permitted under a provision in the search condition for searching “personal effects.” United States v. Ard, 2018 U.S. Dist. LEXIS 187125 (E.D. La. Nov. 1, 2018). There’s no evidence that NCMEC’s search … Continue reading

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N.D.Iowa: Officers called to noise complaint could ask for ID even though noise had stopped

Officers investigating a noise complaint ended up talking to defendant in a parked car. They could ask for his DL despite the noise having abated. While that was going on, one officer could see marijuana hidden under the edge of … Continue reading

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Charlottesville: City police purchase equipment to crack locked iPhones

Charlottesville: City police purchase equipment to crack locked iPhones by Bryan McKenzie: A device specifically designed to break into iPhones and Apple operating systems and allow access to encrypted files has been approved for purchase by the Charlottesville Police Department.

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