Category Archives: Cell phones

NY3: Cell phone SW must be based on fact and inference, not just “common sense”

A search warrant for a cell phone must be based on fact and inference not just on “common sense.” People v. Jemmott, 2018 NY Slip Op 05632, 2018 N.Y. App. Div. LEXIS 5576 (3d Dept. Aug. 2, 2018). The application … Continue reading

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NY2: Defense counsel not ineffective for not challenging cell phone search that apparently would lose

“Counsel’s failure to challenge the [cell phone] search warrant can be explained as a legitimate trial strategy because the application for the warrant was supported by probable cause, and the warrant was not unconstitutionally overbroad, despite a technical defect on … Continue reading

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S.D.Tex.: Warrantless search of cell phone six years after border crossing violated 4A

Defendant crossed the border in July 2012, and his phone was seized and somewhat analyzed. On the eve of trial in July 2018, the government did a full search without a warrant. Defendant moves to suppress, and it’s granted. The … Continue reading

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Human Rights Watch Blog: US: Government Has Planted Spy Phones With Suspects

Human Rights Watch Blog: US: Government Has Planted Spy Phones With Suspects:

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W.D.Mo.: Cell phone seized during child porn raid was initially seized and searched, and then seven months later searched again; no exclusion

The defendant’s cell phone was seized during a child pornography raid. The phone was attempted to be searched reasonably promptly, and it was confirmed there was child pornography on it. The search was not completed, however, because of problems with … Continue reading

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TN: Seizure of a cell phone incident to arrest is provided for in Riley; search still requires warrant

Defendant’s cell phone was properly seized incident to his arrest, as contemplated by Riley. It was not searched until a search warrant was obtained. State v. Wade, 2018 Tenn. Crim. App. LEXIS 523 (July 13, 2018). The search warrant for … Continue reading

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Lexology: Can the government unlock your iPhone by forcing you to provide your fingerprints?

Lexology: Can the government unlock your iPhone by forcing you to provide your fingerprints? by Duane Morris LLP.

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N.D.Fla.: Def consented to providing pass code to his phone when police seized his phone pending getting SW

“The defendant delivered a package to a post office for mailing. A postal inspector caused the package to be held overnight and then, with the defendant’s consent, opened it. Finding cash and pills that appeared to be illicit, the postal … Continue reading

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Gizmodo: These Academics Spent the Last Year Testing Whether Your Phone Is Secretly Listening to You

Gizmodo: These Academics Spent the Last Year Testing Whether Your Phone Is Secretly Listening to You by Kashmir Hill (it’s not but apps tracking what you see and seek may make it seem that way):

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IN: Cell phones are a tool of the trade of drug dealers; a lot of information extracted from it doesn’t show SW was overbroad

There was nexus between defendant’s alleged crime of drug dealing and his cell phone since cell phones are a tool of drug dealers. The search warrant was not impermissibly overbroad. Although 1000 pages of information was extracted from the phone, … Continue reading

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D.D.C.: SW for cell phone can also compel use of biometric data to open it

The government may also seek a search warrant for a cell phone that requires use of biometric information to open it, as long as it happens at the time of execution. There is no reasonable expectation of privacy in fingerprints … Continue reading

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Cal.: Carpenter‘s search warrant requirement does not apply to cell phone records merely used to show that co-conspirators communicated with each other

Carpenter’s search warrant requirement does not apply to cell phone records merely used to show that co-conspirators communicated with each other. In light of the whole trial, it wasn’t all that important. People v. Anderson, 2018 Cal. LEXIS 4698 (June … Continue reading

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