Category Archives: Cell phones

E.D.Mo.: Agreeing that officers could look in his phone and that “nothing would be found” is broad consent

Defendant consented to a search of his cell phone. “Defendant expressly directed Officer Rudolph to look in Defendant’s cellular telephone when Officer Rudolph informed Defendant that the telephone would be seized as evidence. The statement that ‘[t]here’s not going to … Continue reading

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techdirt: Legislators, School Administrators Back Off Cellphone Search Bill After Running Into ACLU Opposition

techdirt: Legislators, School Administrators Back Off Cellphone Search Bill After Running Into ACLU Opposition by Tim Cushing:

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Yahoo! Tech: A Former NSA Lawyer Explains Why Searching Phones at the Border Is a Waste of Time

Yahoo! Tech: A Former NSA Lawyer Explains Why Searching Phones at the Border Is a Waste of Time by Brian Feldman

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CA2: Def’s attempted flight from a stop added to the RS

Officers were on a drug stakeout and saw the defendant watching the street, although there were no cars. He went in a building and came out with a plastic bag with a brick shaped object in the bottom. Officers tried … Continue reading

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D.Minn.: Violation of state law in issuing a cell phone search warrant not ground to suppress in federal court

A cell phone search warrant issued in violation of Georgia law would not be suppressed in federal court. Also, Rule 41 and the Fourth Amendment are not coextensive, so the alleged violation of Rule 41 is not necessarily a violation … Continue reading

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LA5: No REP in cell phone provider’s records

There is no reasonable expectation of privacy in cell phone call details kept by the service provider under the third-party doctrine. State v. Savage, 2017 La. App. LEXIS 609 (La.App. 5 Cir. April 12, 2017) (decided under Fourth Amendment and … Continue reading

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W.D.Ark.: Govt had independent source for cracking password on Android phone by software so def’s suppressed confession doesn’t suppress phone

While defendant’s confession was suppressed, his passwords to his phone were not because it was an Android phone, and the government could get in to an Android phone with its software. Thus, there was an independent source. United States v. … Continue reading

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TX: Texas Const. grants no special protection to third party information; here CSLI and numbers dialed

Third party cell phone information is not protected by the Texas Constitution. It grants no greater rights than the Fourth Amendment. If the drafters wanted it broader, they could have said so. The information was available to law enforcement under … Continue reading

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S.D.Ind.: T-Mobile’s policy to do a data dump on any T-Mobile phone linked to a robbery of one of its stores doesn’t make it a government agent

A T-Mobile store was robbed, and their policy is to do a data dump including CSLI of any T-Mobile phone number potentially linked to the robbery. That does not make them a government agent in the data dump. United States … Continue reading

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Forbes: US Immigration Splurged $2.2 Million On Phone Hacking Tech Just After Trump’s Travel Ban

Forbes: US Immigration Splurged $2.2 Million On Phone Hacking Tech Just After Trump’s Travel Ban by Thomas Fox-Brewster:

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