Category Archives: Cell phones

Lawfare: Summary: Circuit Split on Device Searches at the Border in US v. Touset

Lawfare: Summary: Circuit Split on Device Searches at the Border in US v. Touset by Grayson Clary:

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PA: 9 month delay between issuance of SW for content of seized cell phone and actual search wasn’t unreasonable where nothing changed

Defendant’s cell phone was seized by consent and a search warrant was obtained for it. It took nine months for the search to occur. Because nothing changed between the seizure, the warrant, and the search, the ultimate search was not … Continue reading

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E.D.Mich.: Def’s disclaiming ownership of cell phone when seized is a lack of standing, even when he claimed it after it rang

Defendant had no standing to challenge a search of a cell phone found in his car that he said belonged to his girlfriend. “Jackson does not deny that he disclaimed ownership of the phone at the time it was seized. … Continue reading

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Cal.1st: Cell phone probation search condition not unreasonable; def to rid self of gang affiliations

An electronic search condition of probation is not per se unreasonable under Riley. Here, it was reasonable to show whether defendant ridded himself of his gang affiliations which was a condition of probation. People v. Guzman, 2018 Cal. App. LEXIS … Continue reading

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CA4: Forensic border search of cell phone “non-routine” but GFE applies

An intensive forensic search of an outbound noncitizen’s cell phone required at least reasonable suspicion and maybe a warrant under Riley. Case law, however, uniformly says not at the time this happened, so the search is valid under the good … Continue reading

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E.D.Ky.: A cell phone left in an abandoned car is also abandoned

A cell phone left in an abandoned car is also abandoned. United States v. Green, 2018 U.S. Dist. LEXIS 75738 (E.D. Ky. May 4, 2018). The police had a search warrant for animal fighting for the dogs and papers for … Continue reading

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Because Facebook makes people dumb:

Defendant was linked to a carjacking. A search of his cell phone showed a video of him posted live to Facebook of him driving the victim’s car, wearing the victim’s watch, and counting the victim’s Cuban money. The video was … Continue reading

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E.D.Wis.: Officers’ threat to get SW was real and justified so consent still voluntary

Defendant was arrested at his house, and his wife later consented to entry to seize a gun. The officers’ threat to get a search warrant if she didn’t consent was genuine and there was probable cause to get a search … Continue reading

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Volokh Conspiracy: Suspect Can Be Compelled to Decrypt Devices If Government Proves He Has The Ability To Do So, Court Rules

United States v. Spencer, 2018 U.S. Dist. LEXIS 70649 (N.D. Cal. Apr. 26, 2018) Volokh Conspiracy: Suspect Can Be Compelled to Decrypt Devices If Government Proves He Has The Ability To Do So, Court Rules by Orin Kerr: The right … Continue reading

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S.D.Ohio: Riley‘s cell phone SW requirement doesn’t apply to probation searches of a cell phone

Riley does not require a warrant for a probation search of a probationer’s cell phone. United States v. Fletcher, 2018 U.S. Dist. LEXIS 65591 (S.D. Ohio Apr. 18, 2018). Officers had probable cause to search the trunk of a car … Continue reading

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D.Nev.: Court order for cell phone detail information under 18 U.S.C. § 2703(d) requires only RS

A court order for cell phone detail information under 18 U.S.C. § 2703(d) requires only reasonable suspicion, following In re Applications of the United States of Am. for an Order Pursuant to 18 U.S.C. § 2703(d), 206 F. Supp. 3d … Continue reading

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Volokh Conspiracy: In Decryption Cases, Don’t Forget the Fourth Amendment

Volokh Conspiracy: In Decryption Cases, Don’t Forget the Fourth Amendment by Orin Kerr: Requiring a search warrant isn’t everything. But it isn’t nothing.

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