W.D.Pa.: SW for entire contents of cell phone was not overbroad in a drug case

A search warrant that was specific but covered virtually the entire contents of a cell phone was not overbroad where the phone was alleged to be used in drug dealing because it would all be potential evidence. The good faith exception would also apply. United States v. Gorny, 2014 U.S. Dist. LEXIS 84807 (W.D. Pa. June 23, 2014):

Here, the challenged warrants authorized the search of “information stored within the body of the phone to include, but not limited to, the telephone number, direct connect number, carrier IP number, voice mail contents, incoming and outgoing text and picture messages, phonebook contents or contact list, incoming and outgoing call information, as well as any photos or videos.” … In this Court’s opinion, the warrants were not overbroad and suppression is not appropriate under this theory. Again, the detectives were aware that Gorny used cell phones to conduct drug deals and through their considerable experience investigating narcotics traffickers, the detectives understood the areas of cell phones where evidence of drug trafficking likely would be found, which included the areas set forth in the warrants for the two cell phones in this case. … Specifically, the detectives averred that:

Your affiants know that drug buyers and drug dealers alike store the phone numbers of other individuals involved in drug trafficking in their phones. Your affiants know that drug buyers and drug dealers use text messaging to arrange transactions. Your affiants have seen incidents where individuals involved with illegal narcotics have taken cell phone photographs and videos of illegal narcotics. Your affiants know that a cell phone is often a needed tool for individuals involved with buying and selling illegal narcotics.

… Accordingly, the Court finds that the scope of the warrants was not overbroad.