Category Archives: Cell phones

CO: Pre-Riley cell phone search incident not saved by GFE because no prior case on point

Defendant’s cell phone was subjected to a pre-Riley search incident. Defendant preserved the issue, and now he prevails. The state’s reliance on Davis good faith exception fails because the case the state relies on to support good faith reliance on … Continue reading

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CA9: While cell phone privacy interest is substantial, state’s interest in parole searches of cell phones is greater

While the general reasonable expectation of privacy in a cell phone is weighty, it still succumbs to the state’s interest in parole searches of a cell phone to insure compliance with parole requirements. The record also supports consent given by … Continue reading

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Lawfare: The Fifth Amendment, Decryption and Biometric Passcodes

Lawfare: The Fifth Amendment, Decryption and Biometric Passcodes by Kendall Howell:

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Vice News: How cops hack into your phone without a warrant 

Vice News: How cops hack into your phone without a warrant by y Isabella McKinley Corbo [re: Carpenter]:  Right now, a murky web of federal and state statutes determine how easily cops can access data on Americans’ cell phones. While … Continue reading

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techcrunch: Authorities serve Apple a warrant for Texas shooter’s iPhone

techcrunch: Authorities serve Apple a warrant for Texas shooter’s iPhone by Brian Heater:

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MA: Def counsel gave IAC for not moving to suppress cell phone data; just because it might be interesting isn’t PC

Defendant received ineffective assistance of counsel by counsel’s failure to file a motion to suppress the search of defendant’s cell phone. The affidavit for the search warrant did not establish probable cause to search the phone. The mere fact two … Continue reading

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PA: Riley doesn’t apply to parole searches of cell phones

Riley doesn’t apply to parole searches of cell phones. Commonwealth v. Murray, 2017 PA Super 363, 2017 Pa. Super. LEXIS 928 (Nov. 15, 2017):

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N.D.Ill.: PO seeing an “unregistered” cell phone was seizure in plain view

Defendant was on supervised release for child pornography and he had a cell phone not listed with US Probation. The phone was seen during a home visit. The PO picked up the phone and turned it on and a picture … Continue reading

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Politico: Texas killings may aid Rosenstein’s crusade on encryption

Politico: Texas killings may aid Rosenstein’s crusade on encryption by Eric Geller:

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NPR: Texas Gunman’s Locked Cellphone Renews Debate Over Encryption

NPR: Texas Gunman’s Locked Cellphone Renews Debate Over Encryption by Samantha Raphelson: The FBI is blaming the tech industry’s encryption standard on its inability to unlock the cellphone of the Texas shooter. But some experts say if the FBI acted … Continue reading

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Cal.3d: Domestic battery conviction didn’t support cell phone probation search condition

A broad probation electronics search condition for domestic battery was constitutionally overbroad because it doesn’t sufficiently serve the state’s interests compared to the crime of conviction. A cell phone has far too much information on it to make it so … Continue reading

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N.D.Fla.: Entry into motel room was valid with arrest warrant when officers reasonably believed he would be there

The U.S. Marshal’s fugitive task force, with arrest warrant in hand, was looking for defendant. They were watching his motel room and saw him outside and gave chase. They lost sight of him and circled back to his hotel room … Continue reading

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