Category Archives: Cell phones

IN: Cell phone linked to murder by TM sent before; PC for search

Defendant’s cell phone was linked to the murder by a witness saying that the meet was set up by text messages and more. Banks v. State, 2024 Ind. App. LEXIS 66 (Mar. 15, 2024):

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GA: SW for marijuana supported plain view seizure of firearms, ammunition, and body armor

Police had a search warrant for marijuana. “[E]ven if the seizure of the firearms, ammunition, and body armor is not within the scope of the warrant, we agree with the State that law enforcement was authorized to seize these items … Continue reading

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E.D.Pa.: In a cell phone search, cached data was within the “electronic data or memory features” of the phone as provided by the SW

Cached data on defendant’s cell phone is included in “[a]ll documents, including in electronic form, and stored communications including … photographs, videos, and any other electronic data or other memory features contained in the devices and SIM cards[.]” The search … Continue reading

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D.Minn.: Cell phone that govt can’t open not in its possession for discovery purposes

Defendant’s cell phone is in the possession of the government but it can’t search it because they don’t have the pass code. Defendant’s request for discovery of the phone under Rule 16 is denied because the contents of the phone … Continue reading

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D.Idaho: Cellphone warrant was not sufficiently particular and is suppressed; Gmail account not suppressed

The Google email search warrant was sufficiently particular to narrow the search to documents pertaining to a particular land transaction. The search warrant for defendant’s Apple phone and accounts, however, was insufficiently particular and is suppressed. The affidavit attempted to … Continue reading

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D.Conn.: That accomplices communicated by text messaging justified SW for cell phone

This cell phone was with probable cause and was particular. “Here, the warrant affidavits clearly established probable cause to conclude that Sinisterra was involved in all three shootings described therein. He was implicated by two individuals who corroborated each other … Continue reading

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Reason: Yes, Warrants Allow a Search Through the Whole Phone

Reason: Yes, Warrants Allow a Search Through the Whole Phone by Orin S. Kerr (“A comment on a mistaken way to limit computer searches— focusing on People v. Carson from the Michigan Court of Appeals.”):

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NY2: SW for def’s cell phone browser history lacked PC, but here it was harmless error

“The defendant correctly contends that the police search of his browsing history and URLs of his Blackberry cell phone was not authorized by the search warrant obtained by the police. ‘To establish probable cause, a search warrant must provide sufficient … Continue reading

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D.N.M.: Accidental finding of A-C communications in cell phone search was not intentional and did not compromise defendant’s Sixth Amendment right to counsel

Defendant’s Apple cell phone was searched with a warrant, and the contents were shared with defense counsel even before the government completed its own review. It was discovered that there were attorney-client communications on the phone, and the government immediately … Continue reading

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D.P.R.: Cut-and-paste error that misidentified iPhone model overlooked by correct phone number

The search warrant was for a specific phone number on an iPhone 6S, but the phone with that number was an iPhone 13. Still, the phone number controlled, and the search was valid. Alternatively, on the totality, defendant consented to … Continue reading

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VA: Capias for detention of person not functional equivalent of arrest warrant; no PC finding

A Virginia capias for detention of a person is not the functional equivalent of an arrest warrant founded on sworn probable cause. The police view of the inside of defendant’s home that led to a search warrant is suppressed. Commonwealth … Continue reading

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CA8: Affiant officer’s belief that criminals brag about crimes on social media allows cell phone search in a gun case

“We conclude the affidavit adequately established probable cause that Ivey’s cell phone would contain evidence of a firearms offense. Officers found the phone in Ivey’s possession while he was located in a vehicle with a gun under his seat. The … Continue reading

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N.D.Ga.: Use of cell phone cash app to facilitate PPP fraud justified SW for phone

Use of a cell phone cash app to facilitate spending PPP loan fraud justified warrant for phone. United States v. Foster, 2024 U.S. Dist. LEXIS 11369 (N.D. Ga. Jan. 22, 2024). Codefendant’s case: United States v. Baptiste, 2024 U.S. Dist. … Continue reading

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DE: The PC for cell phone was limited to search history; SW otherwise overbroad

Defendant was accused of sexual contact with a four-year-old girl he was caring for. Her mother kicked him out of the house and sought a forensic exam of the child. A couple of days later, she found his cell phone … Continue reading

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Cal.5: Defective notice of Facebook warrant under CalECPA doesn’t require suppression

Defendant’s Facebook account was accessed by a search warrant issued under CalECPA. The notice provision was not complied with by the state, but the court declines to suppress here. The standard for suppression in CalECPA is the same as for … Continue reading

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GA: Question in inventory was whether it was reasonable, not whether it was necessary

The question in inventory was whether it was reasonable, not whether it was necessary. Defense counsel wasn’t ineffective for not moving to suppress. McAnnally v. State, 2024 Ga. App. LEXIS 19 (Jan. 18, 2024). The prolonged retention of defendant’s cell … Continue reading

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N.D.Fla.: No standing against tracking a stolen cell phone

Defendant claimed a Brady violation for failure to disclose a Stingray device was used to track the victim’s cell phone in his possession. It’s not. Moreover, defendant doesn’t even have standing in a stolen cell phone. Bass v. Dixon, 2023 … Continue reading

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D.Mass.: Inevitable discovery applies to def giving up passcode to cell phone

Inevitable discovery applies to defendant giving up the passcode to his cell phone by a statement he challenged. The government had an independent basis to get into the phone to search it. United States v. Xiaolei Wu, 2024 U.S. Dist. … Continue reading

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DE: Cell tower dump was reasonable under 4A

Defendant was convicted of robbery and kidnapping of a woman from her apartment complex to go to her ATM machine. Police got cell tower dumps for the nearest towers to the occurrence at the specific times to locate cell phones … Continue reading

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OH11: Running passenger’s ID through database didn’t violate Rodriguez

With no Ohio cases on point, looking to federal cases, the court concludes that running the passenger’s ID too was incidental to the stop and didn’t unreasonably extend it. State v. Foti, 2024-Ohio-39, 2024 Ohio App. LEXIS 47 (11th Dist. … Continue reading

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