Category Archives: Cell phones

MA: Two day delay in getting SW for cell phone wasn’t unreasonable

Defendant’s cell phone was reasonably seized to preserve any evidence in it. The two day delay in getting a search warrant for it did not unreasonably interfere with defendant’s possessory interest in it. Commonwealth v. Cruzado, 2018 Mass. LEXIS 549 … Continue reading

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N.D.Ill.: Cell phone SW in white collar case also for proof of perjury was a virtual computer search but it was still one issued on PC

In an investigation into job promotion and hiring fraud in the Cook County Circuit Clerk’s office, a cell phone search warrant was issued, and it was with probable cause. “Because the affidavit established probable cause to believe that Beena’s cell … Continue reading

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E.D.Mich.: Cell phone SWs have to be considered like a computer search; this was broad yet still particular enough

The search warrant for defendant’s phone was broad, yes, but it was sufficiently particular, and the good faith exception applies as well. A cell phone is a computer, and the issue is analyzed the same. United States v. Chang, 2018 … Continue reading

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NY3: Cell phone SW must be based on fact and inference, not just “common sense”

A search warrant for a cell phone must be based on fact and inference not just on “common sense.” People v. Jemmott, 2018 NY Slip Op 05632, 2018 N.Y. App. Div. LEXIS 5576 (3d Dept. Aug. 2, 2018). The application … Continue reading

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NY2: Defense counsel not ineffective for not challenging cell phone search that apparently would lose

“Counsel’s failure to challenge the [cell phone] search warrant can be explained as a legitimate trial strategy because the application for the warrant was supported by probable cause, and the warrant was not unconstitutionally overbroad, despite a technical defect on … Continue reading

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S.D.Tex.: Warrantless search of cell phone six years after border crossing violated 4A

Defendant crossed the border in July 2012, and his phone was seized and somewhat analyzed. On the eve of trial in July 2018, the government did a full search without a warrant. Defendant moves to suppress, and it’s granted. The … Continue reading

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Human Rights Watch Blog: US: Government Has Planted Spy Phones With Suspects

Human Rights Watch Blog: US: Government Has Planted Spy Phones With Suspects:

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W.D.Mo.: Cell phone seized during child porn raid was initially seized and searched, and then seven months later searched again; no exclusion

The defendant’s cell phone was seized during a child pornography raid. The phone was attempted to be searched reasonably promptly, and it was confirmed there was child pornography on it. The search was not completed, however, because of problems with … Continue reading

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TN: Seizure of a cell phone incident to arrest is provided for in Riley; search still requires warrant

Defendant’s cell phone was properly seized incident to his arrest, as contemplated by Riley. It was not searched until a search warrant was obtained. State v. Wade, 2018 Tenn. Crim. App. LEXIS 523 (July 13, 2018). The search warrant for … Continue reading

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Lexology: Can the government unlock your iPhone by forcing you to provide your fingerprints?

Lexology: Can the government unlock your iPhone by forcing you to provide your fingerprints? by Duane Morris LLP.

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N.D.Fla.: Def consented to providing pass code to his phone when police seized his phone pending getting SW

“The defendant delivered a package to a post office for mailing. A postal inspector caused the package to be held overnight and then, with the defendant’s consent, opened it. Finding cash and pills that appeared to be illicit, the postal … Continue reading

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Gizmodo: These Academics Spent the Last Year Testing Whether Your Phone Is Secretly Listening to You

Gizmodo: These Academics Spent the Last Year Testing Whether Your Phone Is Secretly Listening to You by Kashmir Hill (it’s not but apps tracking what you see and seek may make it seem that way):

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