Category Archives: Cell phones

E.D.Cal.: Suspicionless parole search of def’s cell phone was reasonable

Defendant was on parole for pimping an underage prostitute out of California, and he had a warrantless search condition on his cell phone. The suspicionless parole search of the phone was reasonable. United States v. Monson, 2017 U.S. Dist. LEXIS … Continue reading

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N.D.Fla.: Car on private property subject to automobile exception; 28 day delay in SW for cell phones unreasonable

Defendant’s car was subject to the automobile exception even though it was parked on private property. Waiting 28 days to get a search warrant for cell phones made the search unreasonable. United States v. Civil, 2017 U.S. Dist. LEXIS 158377 … Continue reading

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TX14: Def had no standing in cell phone he gave to his girlfriend

Defendant had no standing in a cell phone that he gave to his girlfriend and referred to as her cell phone. It was stolen from her and searched to locate the possible owner, and the phone had video of defendant … Continue reading

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DC: Using Stingray to track a cell phone is a 4A search because it extracts cell phone numbers from phones

The use of a Stingray device by the police to track a cell phone is a search governed by the Fourth Amendment. Stingrays “[f]orce the person’s cellphone to identify itself and reveal its exact location. It is in this sense … Continue reading

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CA3: Def lacked standing to challenge search of co-def cell phone

Defendant lacked standing to challenge the search of a cell phone taken off a co-defendant that didn’t belong him. Besides, the search of that cell phone was valid. United States v. Brewer, 2017 U.S. App. LEXIS 18003 (3d Cir. Sept. … Continue reading

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Just Security: We Need to Know More About Government Searches of Traveler’s Electronic Devices

Just Security: We Need to Know More About Government Searches of Traveler’s Electronic Devices by Carrie DeCell:

Posted in Border search, Cell phones, Computer searches | Comments Off

Cal.4: Probation search of “property, personal effects” reasonably includes a cell phone and its data

A probation search of “property, personal effects” reasonably includes a cell phone and its data. There are no limits on what “personal effects” means in the search condition paperwork. And, this was misdemeanor probation, and the search of the phone … Continue reading

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DC Cir.: The mere fact a person has a cell phone isn’t PC to search it; must be PC evidence would be found

“Most of us nowadays carry a cell phone. And our phones frequently contain information chronicling our daily lives—where we go, whom we see, what we say to our friends, and the like. When a person is suspected of a crime, … Continue reading

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ABAJ: Traveling out of the country? Lawyers should consider using ‘burner’ devices

ABAJ: Traveling out of the country? Lawyers should consider using ‘burner’ devices by Debra Cassens Weiss:

Posted in Border search, Cell phones | Comments Off

CA8: Halfway house resident’s cell phone subject to suspicionless search

Defendant’s cell phone was subject to search when he resided at a residential reentry program after release from an FCI. Child porn was found on the phone. Defendant’s reliance on Riley’s warrant requirement is misplaced. Yes, this is a cell … Continue reading

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