Category Archives: Cell phones

Observer: NJ Supreme Court Will Determine Whether Cops Can Force You to Unlock Your Mobile Device

Observer: NJ Supreme Court Will Determine Whether Cops Can Force You to Unlock Your Mobile Device by Donald Scarinci:

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NE: Expansive SW for cell phone in a shooting case with multiple participants was reasonable

The search warrant for defendant’s cell phone was expansive, but it was evidence in a shooting case where defendant and others were involved. Moreover, the good faith exception applied. State v. Goynes, 303 Neb. 129 (May 17, 2019):

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W.D.N.Y.: Def had no REP in his passenger’s cell phone that was being tracked which incidentally tracked him

“Here, there is no evidence that Defendant had possession of, or any subjective privacy interest in, Mr. Daniels’ cell phone. Law enforcement did not observe Defendant using the tracked cell phone, and the cell phone was not registered to Defendant. … Continue reading

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CA7: SW to seize a cell phone implicitly carries authority to search it

“Cosby argues that the district court erred in denying his motion to suppress evidence seized from his cell phone. He argues that the warrant, though authorizing seizure of the device, did not authorize the agents to view its contents. But … Continue reading

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D.Idaho: Forced use of fingerprint biometric to unlock a smartphone violates 5A

The district court granted the initial search warrant based on the showing of probable cause, but then it denied a second application to force the owner to open it. The compelled use of biometrics to unlock the phone violates the … Continue reading

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PA: Cell phone left recording in a college coed bathroom was treated as abandoned property despite intention to return later

Defendant hid a recording smartphone in a coed bathroom at Villanova University that a female student found and turned over to the University Police. The phone was essentially abandoned even though he intended to return to recover it later, and … Continue reading

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N.D.Cal.: Govt can’t show PC for search of cell phone, and GFE doesn’t apply either

The search warrant for defendant’s cell phones had inserted “no charge at this time” for the crime under investigation. The phone was seized without a warrant from a traffic stop, then searched under the warrant, but you can’t tell what … Continue reading

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NJLJ: Must a Criminal Defendant Turn Over Cellphone Passwords? NJ Supreme Court Will Decide

NJLJ: Must a Criminal Defendant Turn Over Cellphone Passwords? NJ Supreme Court Will Decide by Suzette Parmley:

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Cal.4 dissent: Riley and Sansom require RS for cell phone probation search

Defendant was subjected to a probation search of a cell phone where the underlying crime had nothing to do with cell phones or the internet. The dissent believes that Riley and Sansom together require reasonable suspicion for a cell phone … Continue reading

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S.D.Tex.: SW for entire cell phone in auto burglary is suppressed as both without nexus and overbroad

An arrest warrant doesn’t give authority to search a cell phone with the arrest. After a search warrant was issued for the phone for the crime of auto burglary, there is no nexus to the crime, and the search warrant … Continue reading

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NYT: Would You Let the Police Search Your Phone?

NYT: Would You Let the Police Search Your Phone? by Roseanna Sommers & Vanessa K. Bohns: We are much more likely to give consent than we think.

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Just Security: Split Over Compelled Decryption Deepens With Massachusetts Case

Just Security: Split Over Compelled Decryption Deepens With Massachusetts Case by Michael Price and Zach Simonetti:

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