Daily Archives: December 24, 2023

N-M: 94-day delay in getting cell phone SW was unreasonable; GFE not applicable

The search of defendant’s iPhones and iPads lacked probable cause at the time it happened. His wife had apparent authority to search because she knew the passcodes but that doesn’t equate to her apparent authority to seize them. Also, the … Continue reading

Posted in Cell phones, Computer and cloud searches, Good faith exception, Issue preclusion, Military searches, Reasonableness | Comments Off on N-M: 94-day delay in getting cell phone SW was unreasonable; GFE not applicable

S.D.N.Y.: Policy directive for criminal court appearance strip searches presumptively public and not sealed

This is litigation over strip searches of detainees coming into the Manhattan Criminal Court building for court. A policy directive from another case litigated in 2018 is pertinent. The presumption of access to public records applies, and the directive will … Continue reading

Posted in Probable cause, Warrant papers | Comments Off on S.D.N.Y.: Policy directive for criminal court appearance strip searches presumptively public and not sealed