Category Archives: Cell phones

NJ: Cell phone password not 5A privileged on this record

Defendant’s forced disclosure of his iPhone password didn’t violate the Fifth Amendment because his knowledge of that information was a foregone conclusion on this record. State v. Andrews, 2018 N.J. Super. LEXIS 159 (Nov. 15, 2018):

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CA7: Message on cell phone screen when phone was seized could be testified to by officer

Defendant claimed he had a reasonable expectation of privacy in the screen of his cell phone because it was in his pocket up until he was arrested. When the phone was removed from his pocket, a message appeared on the … Continue reading

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E.D.La.: Probation search of a cell phone is permitted under the search condition for searching “personal effects”

A probation search of a cell phone is permitted under a provision in the search condition for searching “personal effects.” United States v. Ard, 2018 U.S. Dist. LEXIS 187125 (E.D. La. Nov. 1, 2018). There’s no evidence that NCMEC’s search … Continue reading

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N.D.Iowa: Officers called to noise complaint could ask for ID even though noise had stopped

Officers investigating a noise complaint ended up talking to defendant in a parked car. They could ask for his DL despite the noise having abated. While that was going on, one officer could see marijuana hidden under the edge of … Continue reading

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Charlottesville: City police purchase equipment to crack locked iPhones

Charlottesville: City police purchase equipment to crack locked iPhones by Bryan McKenzie: A device specifically designed to break into iPhones and Apple operating systems and allow access to encrypted files has been approved for purchase by the Charlottesville Police Department.

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OH2: As to motel room registered guest, entry permitted by arrest warrant under Payton

If the person being sought is a registered guest in a motel room, Payton permits entry on an arrest warrant. If a guest, then a search warrant is required under Steagald. His car outside the room gave reason to believe … Continue reading

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FL4: Order to juvenile to produce cell phone passcode quashed

A minor was in juvenile court for being in an accident under the influence. The police wanted the contents of his cell phone. The juvenile court’s order for him to disclose the password to his cell phone is quashed because … Continue reading

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CA6: Seizure of cell phone under SW had to be within time prescribed but the actual off-site search can be later

The seizure of the cell phone was within the time prescribed in the search warrant, but the actual search of the phone didn’t occur until after the time prescribed. This did not violate the Fourth Amendment. Off-site analysis was expected … Continue reading

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S.D.N.Y.: Court can’t return property under Rule 41(g) after civil forfeiture starts

Once a civil forfeiture proceeding has started, the court loses jurisdiction to consider a Rule 41(g) motion for return of property. United States v. Paulino, 2018 U.S. Dist. LEXIS 176893 (S.D. N.Y. Oct. 16, 2018). The seizure of defendant’s cell … Continue reading

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AL: Def waived REP in cell phone by leaving it at crime scene

Defendant waived any reasonable expectation of privacy in his cell phone by leaving it at the crime scene. Tolbert v. State, 2018 Ala. Crim. App. LEXIS 65 (Oct. 15, 2018). The child pornography affidavit for search warrant wasn’t a “model … Continue reading

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KS: Pushing a button on a cell phone to light up screen was not a plain view; suppression affirmed

Defendant was involved in a fatal car accident, and the officer at the scene allegedly saw the screen of the cell phone in plain view showing texting at the time of the accident. While two U.S. District Court cases support … Continue reading

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D.Ariz.: Affidavit for SW showed fair probability cell phone was used in crime

“The Court finds there was a fair probability that Defendant was using the cell phone in furtherance of drug trafficking and money laundering and that physical location data for that phone would lead to evidence, fruits, or instrumentalities of those … Continue reading

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