Category Archives: Cell phones

Ars Technica: Cops told suspect he had to open iPhone X with his face, so he did

Ars Technica: Cops told suspect he had to open iPhone X with his face, so he did by Cyrus Farivar: Child-porn case in Ohio reveals how some law enforcement are trying to thwart Face ID.

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MA: Delay in searching cell phones lawfully seized wasn’t unreasonable

There was evidence defendants coordinated their actions while in separate cars, and that provided a strong inference they were in communication by cell phone, thus providing probable cause to search them. Police promptly seized the phones and then obtained search … Continue reading

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D.Conn.: No per se standing in a cell phone seized off your person; prove it’s yours

Defendant made no attempt to show standing in the cell phone of another person that was lawfully seized incident to his arrest and in his pocket. He needed his own testimony or that of another to establish it. United States … Continue reading

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N.D.Ohio: Parole officers’ clinical reports didn’t have any of the added color at the suppression hearing, so the court doesn’t credit their testimony

“Based upon the totality of the circumstances and the Court’s assessment of the credibility of the parole officers, the Court finds that the [parole authority] lacked reasonable suspicion to search Neff’s cell phone. The results of the search, therefore, must … Continue reading

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AR: Cell phone search suppressed and state gets do over with independent source doctrine

Probable cause was shown for a search warrant for a cell phone for taking video of defendant’s daughters changing clothes under a door. The independent source doctrine permitted police to get a second search warrant for the phone after the … Continue reading

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IL: Not error for court to decline to continue suppression hearing for what would have been merely cumulative evidence having no affect on outcome

It was not error to deny a continuance in a suppression hearing after it started because one officer was unavailable due to a death in the family. The defense didn’t even know what he would testify to when asked, but … Continue reading

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S.D.Fla.: The FTC sought an order of production of cell phones and laptops for search in an action for injunction; production not testimonial and PC shown

The FTC sued defendants for injunctive relief and sought an order for production of cell phones and laptop computers. On the first issue of preservation of the Fourth Amendment claim in addition to the clearly asserted Fifth Amendment, the court … Continue reading

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N.D.Ga.: No REP in a wiretapped contraband cell phone in a jail

Defendant was on a contraband cell phone in jail that was wiretapped. He had no reasonable expectation of privacy in that phone. United States v. Nava, 2018 U.S. Dist. LEXIS 155590 (N.D. Ga. Sep. 12, 2018):

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Axios: Three state-level cases will shape cellphone privacy law

Axios: Three state-level cases will shape cellphone privacy law by Haley Britzky:

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engadget: New lawsuit shows your phone is unsafe at American borders

engadget: New lawsuit shows your phone is unsafe at American borders by Violet Blue: CBP = Customs and Border Profiling

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MA: Officer’s observation of text message just received on a screen of seized cell phone was admissible

Defendant was arrested after the police observed a buy and defendant fled and was arrested. Officers took his phone off of him but hadn’t searched it. While the officer was at the police station, the phone received a text message, … Continue reading

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D.Minn.: USMJ who issues SW doesn’t have to recuse from deciding motion to suppress

The USMJ who issued the search warrant doesn’t need to recuse from deciding on a motion to suppress that warrant. “The Court also concludes that Strieff controls the analysis of Defendant’s challenge to his stop in Rock Island, Illinois. In … Continue reading

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