Category Archives: Cell phones

LA2: No REP in text messages in another person’s cell phone

Defendant had no reasonable expectation of privacy in text messages in another person’s cell phone. State v. Young, 2018 La. App. LEXIS 110 (La. App. 2 Cir. Jan. 18, 2018). Defendant was on parole and his parole agreement required he … Continue reading

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BBC: Apple health data used in murder trial

BBC: Apple health data used in murder trial:

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D.S.D.: General description of a handyman’s tools as “miscellaneous tools” did not make the inventory “defective”

General description of a handyman’s tools as “miscellaneous tools” did not make the inventory “defective.” United States v. Bruce, 2018 U.S. Dist. LEXIS 7387 (D.S.D. Jan 17, 2018). “Although the affidavit in the instant case could have provided more information … Continue reading

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MN: Order to provide a fingerprint to unlock a cell phone is not testimonial and thus not barred by the 5A

An order to provide a fingerprint to unlock a cell phone is not testimonial and thus not barred by the Fifth Amendment. State v. Diamond, 2018 Minn. LEXIS 7 (Jan. 17, 2018):

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NE: Having only key to rented car glovebox and not to car itself didn’t give standing

Having a key to the glovebox of a rented car, but not to the car itself, was not a sufficient reasonable expectation of privacy in the rented car to have standing. Defendant couldn’t get into the car without somebody else … Continue reading

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Just Security: Customs and Border Protection’s New Policy for Searching Devices Offers Thin Protection

Just Security: Customs and Border Protection’s New Policy for Searching Devices Offers Thin Protection by Carrie DeCell:

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NYTimes: Cellphone and Computer Searches at U.S. Border Rise Under Trump

NYTimes: Cellphone and Computer Searches at U.S. Border Rise Under Trump by Ron Nixon:

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D.Me.: Getting def to reveal cell phone passcode was 5A claim, not a 4A claim

Defendant’s cell phone was seized with a warrant. Defendant was questioned and he lawyered up, but the officer ignored it and kept asking questions. Finally, defendant gave up the passcode for the phone. This is a Fifth Amendment issue, not … Continue reading

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CA8: Denying any knowledge of a car or its contents is abandonment of a cell phone found inside it; cell phones subject to abandonment

Defendant was believed connected to a shooting involving a Buick. He was taken back to the Buick after arrest, and he denied all knowledge of the Buick. Inside was found a cell phone that the police seized and obtained a … Continue reading

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MD: Third person added to a jail call after the warning of recording didn’t violate state wiretap law

Adding a third person to a jail call after the initial recording was played saying that calls were recorded was not a wilful interception of that person’s call under the state wiretap act. The only other state to deal with … Continue reading

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NYTimes: Privacy Complaints Mount Over Phone Searches at U.S. Border Since 2011

NYTimes: Privacy Complaints Mount Over Phone Searches at U.S. Border Since 2011 by Charlie Savage and Ron Nixon: Grievances over lost privacy run through a trove of roughly 250 complaints by people whose laptops and phones were searched without a … Continue reading

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D.Kan.: Def’s putting cell phone in daughter’s backpack so she could play with it was not a waiver of REP

Defendant regularly stayed with his grandmother until a few weeks before the search, and by the time of search it was more intermittent. Still, he had standing in her house because he had clothes there and still stayed there. He … Continue reading

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