Category Archives: Cell phones

E.D.Mich.: Seizure of cell phone to preserve its evidence for a SW was reasonable

Seizure of defendant’s cell phone found near him when he was arrested was reasonable to preserve evidence until a search warrant could be obtained. United States v. Hamilton, 2017 U.S. Dist. LEXIS 54953 (E.D. Mich. April 11, 2017):

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WaPo: Border agents can look at everything on your cell phone. Congress should change that (editorial)

WaPo: Border agents can look at everything on your cell phone. Congress should change that (editorial): PRETTY MUCH everyone can agree that Customs and Border Protection (CBP) agents should be able to freely search travelers’ bags at the border. Their … Continue reading

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NYTimes: Border Officers Nearly Double Searches of Electronic Devices, US Says

NYTimes: Border Officers Nearly Double Searches of Electronic Devices, US Says by Ron Nixon:

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NPR: U.S. Border Patrol Agents Step Up Cell Phone Searches

NPR: U.S. Border Patrol Agents Step Up Cell Phone Searches: The border patrol has almost tripled the number of people it demands turn over their cell phones coming into and leaving the U.S. Some in Congress now want to require … Continue reading

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N.D.Ill.: Def’s actions gave RS for cell phone and computer searches when he came into O’Hare from the Philippines; he’d already been selected for secondary inspection

Defendant arrived at O’Hare on a flight from the Philippines. The government described how they took the passenger manifest of incoming flights and looked for likely candidates for a secondary search of computers and cell phones. Defendant had been there … Continue reading

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CA11: No nexus shown for cell phone SW, but def was on probation, so inevitable discovery applies

Cell phone search warrant failed to show nexus between the phone and the alleged crime. In considering remedy, the court decides not to apply the good faith exception and instead goes with inevitable discovery. Defendant was on probation and there … Continue reading

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NBC: Comey: FBI Couldn’t Access Hundreds of Devices Because of Encryption

NBC: Comey: FBI Couldn’t Access Hundreds of Devices Because of Encryption by Tom Winter, Tracy Connor and Pete Williams: On a day when civil liberties groups were expressing alarm at the tools the CIA has apparently developed for using electronic … Continue reading

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Tenth Amendment Center: To the Governor: Montana Passes Bill to Ban Warrantless Collection of Electronic Data

Tenth Amendment Center: To the Governor: Montana Passes Bill to Ban Warrantless Collection of Electronic Data by Mike Maharrey:

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EFF: The Bill of Rights at the Border: Fourth Amendment Limits on Searching Your Data and Devices

EFF: The Bill of Rights at the Border: Fourth Amendment Limits on Searching Your Data and Devices by Stephanie Lacambra:

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CA5: Handing over one’s phone in response to “do you mind if I look through your phone?” is consent

Defendant’s stop 30 miles from the border in a corridor known for smuggling was based on reasonable suspicion. When defendant was asked “do you mind if I look through your phone?”, he handed it over, and that was consent. United … Continue reading

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