Category Archives: Cell phones

Volokh Conspiracy: Two New Cases on Decrypting Locked Devices by Orin Kerr

Volokh Conspiracy: Two New Cases on Decrypting Locked Devices by Orin Kerr One on the Fifth Amendment, and one on Miranda. Both correctly decided, I think.

Posted in Cell phones | Comments Off on Volokh Conspiracy: Two New Cases on Decrypting Locked Devices by Orin Kerr

MD: Surreptitious recording of def’s statement on cell phone violated state wiretap act

A parent’s surreptitious recording of defendant on cell phone for use to make a sex offense against him was inadmissible under the state wiretap act. Holmes v. State, 2018 Md. App. LEXIS 310 (Apr. 6, 2018).* First paragraph:

Posted in Cell phones | Comments Off on MD: Surreptitious recording of def’s statement on cell phone violated state wiretap act

D.Minn.: Statement is suppressed, but def’s giving up passcode to cell phone is not

While defendant’s statement is suppressed, his giving up the passcode to his cell phone is not, so the search of the cell phone was by consent. United States v. Jackson, 2018 U.S. Dist. LEXIS 55965 (D. Minn. Feb. 27, 2018):

Posted in Cell phones | Comments Off on D.Minn.: Statement is suppressed, but def’s giving up passcode to cell phone is not

E.D.Va.: CP SW for images “created, modified or stored in any form,” including electronically included a cell phone

A child pornography search warrant for images “created, modified or stored in any form,” including electronically included a cell phone. As to defendant’s Franks challenge, his complaint about hearsay completely fails because whatever the police had, they obtained another person’s … Continue reading

Posted in Cell phones, Overbreadth | Comments Off on E.D.Va.: CP SW for images “created, modified or stored in any form,” including electronically included a cell phone

WA: SW for everything on a cell phone was overbroad

Defendant was investigated for sexual exploitation of a child, and the police obtained a search warrant for his phone seeking a “physical dump” of the phone, including everything on the phone: “Images, video, documents, text messages, contacts, audio recordings, call … Continue reading

Posted in Cell phones, Particularity | Comments Off on WA: SW for everything on a cell phone was overbroad

Ars Technica: Feds pushing new plan for encrypted mobile device unlocks via court order

Ars Technica: Feds pushing new plan for encrypted mobile device unlocks via court order by Cyrus Farivar:

Posted in Cell phones | Comments Off on Ars Technica: Feds pushing new plan for encrypted mobile device unlocks via court order

NYTimes: Justice Dept. Revives Push to Mandate a Way to Unlock Phones

NYTimes: Justice Dept. Revives Push to Mandate a Way to Unlock Phones by Charlie Savage: Federal law enforcement officials are renewing a push for a legal mandate that tech companies build tools into smartphones and other devices that would allow … Continue reading

Posted in Cell phones, Reasonable expectation of privacy, Surveillance technology | Comments Off on NYTimes: Justice Dept. Revives Push to Mandate a Way to Unlock Phones

N.D.Cal.: Court orders target to open computer and phones under All Writs Act; no privilege bars order

Police seized a computer, hard drive, and iPhone that had been encrypted and password protected. The FBI couldn’t get in. The government applies for an order under the All Writs Act. The court finds that the Fifth Amendment testimonial privilege … Continue reading

Posted in Cell phones, Computer searches, Privileges | Comments Off on N.D.Cal.: Court orders target to open computer and phones under All Writs Act; no privilege bars order

CA6: A controlled delivery as a part of the PC essentially moots a Franks claim

2255 petitioner’s post-conviction Franks claim fails because there was a controlled delivery that essentially moots it. There was no “substantial preliminary showing” under Franks. COA denied. Fleming v. United States, 2018 U.S. App. LEXIS 6934 (6th Cir. Mar. 20, 2018). … Continue reading

Posted in Cell phones, Franks doctrine | Comments Off on CA6: A controlled delivery as a part of the PC essentially moots a Franks claim

D.D.C.: SW for WhatsApp account doesn’t require the cell phone number to be valid

The USMJ’s ruling that a cell phone number is also required for a pen register/track and trace order on a WhatsApp account is incorrect. All the government needs is the WhatsApp account number because the cell phone number isn’t even … Continue reading

Posted in Cell phones, Messaging orders | Comments Off on D.D.C.: SW for WhatsApp account doesn’t require the cell phone number to be valid

TechCrunch: Report: Police are now asking Google for data about all mobile devices close to certain crimes

TechCrunch: Report: Police are now asking Google for data about all mobile devices close to certain crimes by Connie Loizos:

Posted in Cell phones, Cell site location information | Comments Off on TechCrunch: Report: Police are now asking Google for data about all mobile devices close to certain crimes

CA10: GFE applied to cell phone SW in KS where phone was actually searched in MO

Search incident did not justify seizure of defendant’s cell phone when he was arrested because he’d been separated from the cell phone. The government’s claim that officers seizing the cell phone were proceeding under “direction of” defendant’s PO is rejected … Continue reading

Posted in Cell phones, Good faith exception, Search incident, Warrant execution | Comments Off on CA10: GFE applied to cell phone SW in KS where phone was actually searched in MO