Category Archives: Cell phones

D.N.J.: Protective sweep of house after arrest outside was unjustified; it was a search for a gun

Defendant’s arrest outside his house near his front door did not justify a protective sweep of his house. “Indeed, this Court finds that the marshals’ broad search of the Westberry residence was conducted specifically to find the firearm. … Because … Continue reading

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MD: SW for car didn’t include cell phone in def’s pocket when stopped

The search warrant for defendant’s car was specific as to the car and it’s contents, but didn’t include a cell phone found in defendant’s pocket when the car was stopped. State v. Zadeh, 2020 Md. LEXIS 173 (Apr. 3, 2020).

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D.Conn.: Possession of an unauthorized smartphone was RS and justified its search

Possession of an unauthorized smartphone was a violation of defendant’s probation and provided reasonable suspicion for a search of the phone. Aside from the legitimate reasons for having a smartphone, “[c]onsidering that a smartphone is often used as an instrumentality … Continue reading

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CNN: How the cell phones of spring breakers who flouted coronavirus warnings were tracked

CNN: How the cell phones of spring breakers who flouted coronavirus warnings were tracked by Donie O’Sullivan:

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S.D.Fla.: SW for apt and seizure of computers and cell phones includes power to search them later

A search warrant to search an apartment and seize computers and cell phones includes the power to search them later. United States v. Quinonez, 2020 U.S. Dist. LEXIS 55789 (S.D. Fla. Mar. 30, 2020). The officer’s statement that the CI’s … Continue reading

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CO: Cell phone SW is particular if it gives just the phone number and expected owner’s name

A cell phone search warrant is sufficiently particular by identifying merely the phone number and the expected owner of the phone. People v. Pettigrew, 2020 COA 46, 2020 Colo. App. LEXIS 656 (Mar. 26, 2020). Defense counsel didn’t fail to … Continue reading

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CA8: SW for already seized cell phone came from SW for far more; apparently created confusion, but not suppression

Officers had seized defendant’s phone and applied for a search warrant for it and other things at the same time, and that led to a motion to suppress the phone search. “Suellentrop argues that the search of the phone was … Continue reading

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M.D.Fla.: Seven week delay for SW for cell phone validly seized wasn’t unreasonable

A delay of seven weeks for seeking a search warrant for a cell phone already validly seized wasn’t unreasonable. Several cases approved long delays, and this is near the outer limit, but still valid. United States v. Butler, 2020 U.S. … Continue reading

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FL2: Direct contempt for refusing to provide passcode for cell phone search reversed; out-of-court evidence couldn’t be considered

Defendant was held in contempt and sentenced to five months and 29 days for refusing to provide the passcode for his cell phone so it could be searched under a warrant. “However, whether a finding of contempt could have been … Continue reading

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NE: No IAC for not objecting to authentication of cell phone records obtained by SW

It was speculation that if the defense had objected to authentication of cell phone records obtained by search warrant that the objection would have been sustained. No IAC on this ground. State v. Sierra, 305 Neb. 249 (Mar. 13, 2020). … Continue reading

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TX8: Defense subpoena to complaining witness for cell phone dump wasn’t authorized by statute

A defense subpoena to the complaining witness seeking a cell phone dump was beyond the powers of the statute authorizing the subpoenas. A conditional writ of mandamus granted. In re State, 2020 Tex. App. LEXIS 2192 (Tex. App. – El … Continue reading

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D.Ariz.: Nexus here was so “thin” that the court won’t even apply GFE

The government didn’t even show a connection between the defendant and the alleged crime to get access to his subscriber information. “While courts may find the good-faith exception to apply when an application is ‘thin,’ a showing of some connection … Continue reading

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W.D.N.Y.: Just because the govt can’t unlock def’s iPhone doesn’t mean he can get return of it under Rule 41(g)

Just because the government hasn’t yet accessed defendant’s iPhone because it can’t crack the code to unlock it doesn’t mean that defendant can get it back under Rule 41(g). It’s still potential evidence. United States v. Morgan, 2020 U.S. Dist. … Continue reading

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Vice: We Built a Database of Over 500 iPhones Cops Have Tried to Unlock

Vice: We Built a Database of Over 500 iPhones Cops Have Tried to Unlock by Joseph Cox (“‘It is the world we are in today, and so have to deal with it,’ former FBI general counsel Jim Baker said about … Continue reading

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DE: Def’s consent overcame overbreadth issue; “all digital contents” includes photos

The scope of the search of defendant’s cell phone data was overbroad, but defendant consented: “However, Defendant consented to the search of ‘all digital contents’ of his cell phone. Based on the scope of this consent, the police were permitted … Continue reading

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GA: SW for “electronic data” includes photos on a cell phone

Defendant claimed to be staying in a vacant apartment with the permission of a friend (who was not the landlord). There was probable cause to arrest him for theft of services (not to mention trespass). Defense counsel wasn’t ineffective for … Continue reading

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