Category Archives: Cell phones

CA3: Def lacked standing to challenge search of co-def cell phone

Defendant lacked standing to challenge the search of a cell phone taken off a co-defendant that didn’t belong him. Besides, the search of that cell phone was valid. United States v. Brewer, 2017 U.S. App. LEXIS 18003 (3d Cir. Sept. … Continue reading

Posted in Cell phones, Franks doctrine, Standing | Comments Off

Just Security: We Need to Know More About Government Searches of Traveler’s Electronic Devices

Just Security: We Need to Know More About Government Searches of Traveler’s Electronic Devices by Carrie DeCell:

Posted in Border search, Cell phones, Computer searches | Comments Off

Cal.4: Probation search of “property, personal effects” reasonably includes a cell phone and its data

A probation search of “property, personal effects” reasonably includes a cell phone and its data. There are no limits on what “personal effects” means in the search condition paperwork. And, this was misdemeanor probation, and the search of the phone … Continue reading

Posted in Cell phones, Probation / Parole search, Reasonableness | Comments Off

DC Cir.: The mere fact a person has a cell phone isn’t PC to search it; must be PC evidence would be found

“Most of us nowadays carry a cell phone. And our phones frequently contain information chronicling our daily lives—where we go, whom we see, what we say to our friends, and the like. When a person is suspected of a crime, … Continue reading

Posted in Cell phones, Probable cause | Comments Off

ABAJ: Traveling out of the country? Lawyers should consider using ‘burner’ devices

ABAJ: Traveling out of the country? Lawyers should consider using ‘burner’ devices by Debra Cassens Weiss:

Posted in Border search, Cell phones | Comments Off

CA8: Halfway house resident’s cell phone subject to suspicionless search

Defendant’s cell phone was subject to search when he resided at a residential reentry program after release from an FCI. Child porn was found on the phone. Defendant’s reliance on Riley’s warrant requirement is misplaced. Yes, this is a cell … Continue reading

Posted in Cell phones, Probation / Parole search | Comments Off

How to Respond to Cops Who Want Your Passwords

How to Respond to Cops Who Want Your Passwords by Stephanie Lacambra of EFF (Prezi presentation)

Posted in Cell phones, Computer searches | Comments Off

WGRZ: Cuomo orders state review of ‘textalyzer’

WGRZ: Cuomo orders state review of ‘textalyzer’ by Jeff Prevail:

Posted in Cell phones | Comments Off

CA4: After seizure of cell phone, actual search under SW doesn’t have to happen by the date on the SW to be reasonable

The seizure then search of defendant’s cell phone under a search warrant was reasonable because the search followed the terms of the warrant. Actually analysis of the data doesn’t have to happen within the time on the face of the … Continue reading

Posted in Cell phones, F.R.Crim.P. 41, Scope of search, Warrant execution | Comments Off

D.R.I.: Warrantless ping of def’s cell phone was based on exigency of threatened suicide

Defendant sent texts suggesting he’d commit suicide rather than go to prison for child pornography, something he’d been involved with before. The officers had exigent circumstances to have his cell phone pinged to find him. There was a factual dispute … Continue reading

Posted in Cell phones, Cell site location information, Emergency / exigency | Comments Off