Category Archives: Cell phones

NYTimes: Cellphone and Computer Searches at U.S. Border Rise Under Trump

NYTimes: Cellphone and Computer Searches at U.S. Border Rise Under Trump by Ron Nixon:

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D.Me.: Getting def to reveal cell phone passcode was 5A claim, not a 4A claim

Defendant’s cell phone was seized with a warrant. Defendant was questioned and he lawyered up, but the officer ignored it and kept asking questions. Finally, defendant gave up the passcode for the phone. This is a Fifth Amendment issue, not … Continue reading

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CA8: Denying any knowledge of a car or its contents is abandonment of a cell phone found inside it; cell phones subject to abandonment

Defendant was believed connected to a shooting involving a Buick. He was taken back to the Buick after arrest, and he denied all knowledge of the Buick. Inside was found a cell phone that the police seized and obtained a … Continue reading

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MD: Third person added to a jail call after the warning of recording didn’t violate state wiretap law

Adding a third person to a jail call after the initial recording was played saying that calls were recorded was not a wilful interception of that person’s call under the state wiretap act. The only other state to deal with … Continue reading

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NYTimes: Privacy Complaints Mount Over Phone Searches at U.S. Border Since 2011

NYTimes: Privacy Complaints Mount Over Phone Searches at U.S. Border Since 2011 by Charlie Savage and Ron Nixon: Grievances over lost privacy run through a trove of roughly 250 complaints by people whose laptops and phones were searched without a … Continue reading

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D.Kan.: Def’s putting cell phone in daughter’s backpack so she could play with it was not a waiver of REP

Defendant regularly stayed with his grandmother until a few weeks before the search, and by the time of search it was more intermittent. Still, he had standing in her house because he had clothes there and still stayed there. He … Continue reading

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Just Security: Warrantless Border Searches: The officer ‘searched through every email and intimate photos of my wife’

Just Security: Warrantless Border Searches: The officer ‘searched through every email and intimate photos of my wife’ by Carrie DeCell:

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A.F.Ct.Crim.App.: AFOSI form that said cell phone consent search would be done in 3 days wasn’t constitutionally binding

An AFOSI form states that a cell phone search has to occur within three days of their acquiring the phone. The court in the past has suggested that form change because it’s unreasonable to expect that it can be done … Continue reading

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NY3: Failure to search cell phone within the time limits on the warrant after timely seizure required suppression

Defendant’s cell phone was seized under a search warrant but the search did not occur for two months. The cell phone search violated state law because the search did not occur within the ten days required by the rule and … Continue reading

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MA: PC was shown for searching def’s cell phone for messages to and from murder victim; SW’s overbreadth was cured by searchers’ limiting scope of search

Probable cause was shown to search defendant’s cell phone for text messages and calls from the murder victim. The victim’s phone wasn’t found, and it was logical there could be information on the phone and the victim’s was taken to … Continue reading

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MA: Production of password to iPhone doesn’t violate 5A because ownership of iPhone is foregone conclusion

The state via a grand jury request sought the password to defendant’s iPhone. Production of the password would implicate self-incrimination concerns, but, here, it’s a foregone conclusion that it’s his phone and there are no self-incrimination concerns. Civil contempt affirmed … Continue reading

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D.Me.: CP on a cell phone is nexus to CP being on a computer

Child pornography on defendant’s cell phone is nexus to his computer. Computers are common storage devices for cell phone pictures and information. “Common sense suggests that if an individual has images of child pornography downloaded to one electronic device, the … Continue reading

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