Category Archives: Cell phones

FL5 following FL SCt: Davis GFE doesn’t apply to pre-Riley cell phone searches

On remand from the state supreme court, the Davis good faith exception does not apply in Florida to cell phone searches occurring before because there was no settled law, following Carpenter v. State, 228 So. 3d 535 (Fla. 2017). Burton … Continue reading

Posted in Cell phones, Good faith exception | Comments Off on FL5 following FL SCt: Davis GFE doesn’t apply to pre-Riley cell phone searches

CA6: Nexus to cell phones shown through investigation plus def was using his when arrested

Nexus was shown to defendant’s cell phone because the affidavit in support of the search warrant for the phone showed that the gang had used cell phones to communicate and defendant was using his phone when arrested and he’d already … Continue reading

Posted in Cell phones, Informant hearsay, Nexus | Comments Off on CA6: Nexus to cell phones shown through investigation plus def was using his when arrested

CA5: Def’s cell phone apps scan at border was supported by PC

“After discovering kilos of meth in the suitcase Maria Isabel Molina-Isidoro was carrying across the border, customs agents looked at a couple of apps on her cell phone. Molina argues that the evidence found during this warrantless search of her … Continue reading

Posted in Border search, Cell phones | Comments Off on CA5: Def’s cell phone apps scan at border was supported by PC

Forbes: The Feds Can Now (Probably) Unlock Every iPhone Model In Existence

Forbes: The Feds Can Now (Probably) Unlock Every iPhone Model In Existence by Thomas Fox-Brewster: In what appears to be a major breakthrough for law enforcement, and a possible privacy problem for Apple customers, a major U.S. government contractor claims … Continue reading

Posted in Cell phones, Surveillance technology | Comments Off on Forbes: The Feds Can Now (Probably) Unlock Every iPhone Model In Existence

LA5: Hearsay on driver’s consent admissible at suppression hearing

The trial court found the stop was reasonable for shooting from a car and driver consented based on the testimony of the stopping officer. Defendant’s claim that the driver’s consent was hearsay and inadmissible was rejected. All other exceptions for … Continue reading

Posted in Cell phones, Suppression hearings | Comments Off on LA5: Hearsay on driver’s consent admissible at suppression hearing

PA: Powering on a cell phone was the first of three warrantless searches in violation of Riley

Powering on a cell phone to see the screen was the first of three warrantless searches of defendant’s cell phone, all of which violated the Fourth Amendment. They were not harmless, so reversed. Commonwealth v. Fulton, 2018 Pa. LEXIS 982 … Continue reading

Posted in Cell phones | Comments Off on PA: Powering on a cell phone was the first of three warrantless searches in violation of Riley

S.D.Cal.: Cell phones tool of trade of border smugglers, too

“That drug smuggling operations use cell phones to contact each other, to give direction and instructions, that they use scouts and multiple vehicles to cross drugs, are all well-known strategies. [¶] It is also well-known that smugglers will buy cars … Continue reading

Posted in Cell phones, Probable cause | Comments Off on S.D.Cal.: Cell phones tool of trade of border smugglers, too

M.D.Fla.: Def’s admission he hadn’t used phone in a year when he left it where he last lived supported finding abandonment

During a knock-and-talk, defendant admitted that he had not used a particular cell phone in over a year because it had a cracked screen. He was kicked out of a house and he left it behind with other belongings. Based … Continue reading

Posted in Abandonment, Arrest or entry on arrest, Cell phones | Comments Off on M.D.Fla.: Def’s admission he hadn’t used phone in a year when he left it where he last lived supported finding abandonment

NY4: Pinging cell phone was harmless error even if a warrant was required

The pinging of defendant’s cell phone to find him was without a warrant. If it was constitutional error, it was harmless beyond a reasonable doubt. People v. Moorer, 2018 NY Slip Op 00754, 2018 N.Y. App. Div. LEXIS 697 (4th … Continue reading

Posted in Cell phones, Cell site location information, Informant hearsay, Reasonable suspicion | Comments Off on NY4: Pinging cell phone was harmless error even if a warrant was required

FL4: Exigency required finding def’s cell phone to locate a school bus stop shooter

Exigent circumstances in finding a shooter at a school bus stop necessitated the officers pinging the cell phone to locate the shooter. Defense counsel wasn’t ineffective for not challenging the search because it would have failed. Barton v. State, 2018 … Continue reading

Posted in Cell phones, Emergency / exigency, Ineffective assistance | Comments Off on FL4: Exigency required finding def’s cell phone to locate a school bus stop shooter

LA2: No REP in text messages in another person’s cell phone

Defendant had no reasonable expectation of privacy in text messages in another person’s cell phone. State v. Young, 2018 La. App. LEXIS 110 (La. App. 2 Cir. Jan. 18, 2018). Defendant was on parole and his parole agreement required he … Continue reading

Posted in Cell phones, GPS / Tracking Data, Probable cause | Comments Off on LA2: No REP in text messages in another person’s cell phone

BBC: Apple health data used in murder trial

BBC: Apple health data used in murder trial:

Posted in Cell phones | Comments Off on BBC: Apple health data used in murder trial