Category Archives: Cell phones

CA10: GFE saves general warrant where affidavit specific and affiant served the warrant

Where officers obtained a warrant and searched two cell phones seized at the time of defendant’s arrest, the search warrant was invalid because it did not satisfy the particularity requirement since it did not identify either of the phones that … Continue reading

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CA8: Def had no standing in sex trafficking victim’s cell phone

Defendant sought to challenge his previously waived search issue by seeking to withdraw his guilty plea. The phone belonged to his sex trafficking victim, so he apparently doesn’t have standing. United States v. McHenry, 2017 U.S. App. LEXIS 3358 (8th … Continue reading

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N.D.Ill.: SW for fingerprints if iPhone is found is rejected as to fingerprints; Riley also informs and narrows the 5A concerns

The government’s search warrant application also seeks fingerprints from any persons found there on execution if any iPhones are found. That part of the warrant application is denied. The cases permitting fingerprint production predated Riley and the issues it presents. … Continue reading

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D.S.D.: Def retained REP in his phone from a second search by the feds after a state search without a SW; plain view doesn’t apply to digital searches

Defendant retained a reasonable expectation of privacy in his cell phone after a state search when the phone data was turned over to the ATF, and they, too, should have obtained a search warrant. The court discusses United States v. … Continue reading

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WaPo: Can federal agents detain citizens at border checkpoints until they disclose their smartphone passcodes?

WaPo: Can federal agents detain citizens at border checkpoints until they disclose their smartphone passcodes? by Orin Kerr: The Verge has a story about the recent border-crossing experience of a U.S. citizen, Sidd Bikkannavar, who is an employee at NASA’s … Continue reading

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NY4: Search of cell phone for texts led to SW; not inevitable discovery because SW sought because of illegal search

Defendant’s Fourth Amendment rights in his cell phone text messages were violated by the police searching them without a warrant. The fact they got a warrant later didn’t help them because that was the only reason to search the phone, … Continue reading

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W.D.Tex.: Border search cursory search of defendant’s cell phone was reasonable

A border search cursory search of defendant’s cell phone was reasonable, even under Cotterman. They also had more than reasonable suspicion. United States v. Escarcega, 2015 U.S. Dist. LEXIS 185466 (W.D. Tex. July 29, 2015):

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W.D.Tex.: A cell phone may be searched under the border search exception [CA5 to decide soon]

A cell phone may be searched under the border search exception. While the Fifth Circuit hasn’t decided the issue yet, it soon will be [see quoted n.4, infra]. United States v. Molina-Isidoro, 2016 U.S. Dist. LEXIS 183368 (W.D. Tex. Oct. … Continue reading

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CA9: ATF officer’s SW affidavit said dealers of illegal drugs and guns often use cell phones showed nexus; recording phone’s SN at book-in wasn’t unreasonable

Noting in the affidavit for search warrant that defendant was allegedly involved in drug and gun sales and that drug dealers regularly use cell phones was enough to get a search warrant for his cell phones contents. Recording the serial … Continue reading

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DE: Just being involved in a shooting doesn’t give nexus to search a cell phone

The state here failed to show nexus between defendant’s cell phone and a shooting incident. In addition, the search warrant lacked all particularity — it sought to search three cell phones for data and calls without time limit or scope. … Continue reading

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