M.D.Tenn.: Warrantless seizure of text message from cell phone valid under GFE

Without a case in point, warrantless seizure of a text message from a cell phone which was Overt Act 8 in the indictment was not unreasonable under the good faith exception. Defendant relies on Wurie, which is from the First Circuit and this case is in the Sixth. United States v. Gaddie, 2014 U.S. Dist. LEXIS 51945 (M.D. Tenn. March 27, 2014):

Although the Sixth Circuit has not directly addressed the search and seizure of cell phone data incident to a lawful arrest, other federal courts–including a district court within the Sixth Circuit–have held that the warrantless searches of cell phones, including the retrieval of text messages, is permissible under the Fourth Amendment.1 Accordingly, without contrary controlling precedent, the court finds that the officer who performed a warrantless search of the defendant’s cell phone at the time of his arrest did so objectively in good faith. See United States v. Leon, 468 U.S. 897, 909, 920-21. Therefore, the defendant’s motion to suppress will be denied.