Category Archives: Cell phones

MI S.Ct. grants review in interesting cell phone search issue, particularly whether PC and search in a prior case applies to a later case

The Michigan Supreme Court grants leave to appeal, appoints the State Appellate Defender Office, and directs the following cell phone search questions be briefed in People v. Hughes, 2019 Mich. LEXIS 2094 (Nov. 1, 2019):*

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S.D.Ga.: Def was a passenger in a car and his cell phone was seized and subjected to search with a warrant; the seizure was lawful

Defendant challenged only the seizure of his cell phone from a car he was a passenger in, and not its later search with a warrant. The search warrant makes all the difference, even assuming he had standing, which he likely … Continue reading

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TN: Illegal warrantless search of cell phone was harmless error on this record

This is a second appeal from the Vanderbilt dorm rape cases. (The first is here.) The search warrant for defendant’s room and person allowed for seizure of his cell phone, but it wasn’t there. The police found it later and … Continue reading

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D.Neb.: Violation of an ATF regulation during administrative search of an FFL doesn’t justify suppression without a 4A violation

Defendant had a federal firearms dealer license and he was subjected to an inspection. Firearms dealers, of course, are closely regulated businesses. After the motion to suppress was denied, he decided that ATF regulations were violated. The court concludes, based … Continue reading

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W.D.Mo.: SW for cell phone includes its SD card, just as a computer SW includes the hard drive

A search warrant for a cell phone includes the SD card in it, just the same as a computer search warrant authorizes the search of the hard drive: “Such reasoning is analogous to the instant matter. For one, a micro … Continue reading

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GA: Downloading entire cell phone in rape case where time line and text messages were only issues wasn’t prejudicial

Defendants were arrested for kidnapping and raping an unconscious woman they took out of a Savannah nightclub, and they were caught in the act when a bystander called the police. Police seized one cell phone after the interrogation and got … Continue reading

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N.D.Cal.: Order to use biometric information to unlock a device is testimonial and barred by 5A

A USMJ in the N.D.Cal. holds that the use of a court order to compel any biometric information (fingerprint, facial recognition, eye scan) is testimonial and violates the Fifth Amendment. United States v. Sealed Warrant, 2019 U.S. Dist. LEXIS 147836 … Continue reading

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NYT: Opinion: The Loophole That Turns Your Apps Into Spies

NYT: Opinion: The Loophole That Turns Your Apps Into Spies by Charlie Warzel (“Just by downloading an app, you’re potentially exposing sensitive data to dozens of technology companies, ad networks, data brokers and aggregators.”)

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E.D.Va.: Def doesn’t lose REP in cell phone by loaning it out while he’s in jail

The government obtained defendant’s cell phone from somebody else using it while he was in jail, and they sought a search warrant which was denied. Later they searched the phone and claimed defendant had no standing. The court finds defendant … Continue reading

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Cal.1: An electronic device probation search condition is reasonable to aid rehabilitation; but here it needs to be narrower

An electronic search condition for this juvenile involved in car burglaries was reasonable in its inception, but it had to be narrowed. The court finds an electronic search condition reasonable because of the inordinate amount of time he spends on … Continue reading

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TN: Defense counsel’s failure to predict Riley wasn’t IAC

Defense counsel wasn’t ineffective for not raising Riley before it was decided, and the case was tried just before Riley. Once Riley was issued, defense counsel tried to get it into the case by a motion for new trial. Other … Continue reading

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PCMag: ICE Buys Smartphone Hacking Tech From Cellebrite

PCMag: ICE Buys Smartphone Hacking Tech From Cellebrite by Michael Kan (“Cellebrite is best known for helping governments access data on locked cell phones. In June, ICE awarded it a contract worth up to $35 million, according to a federal … Continue reading

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