D.Minn.: Nexus shown to search cell phone in a child abuse investigation

In a child abuse investigation on an Indian reservation, the government showed probable cause to believe that information relevant to the investigation would be found on defendant’s cell phone. A search warrant for Verizon for text messages and telephone calls for a five day period surrounding the date of the alleged abuse was issued. The next day, another warrant issued for the cell phone itself looking for that information and pictures. Nexus, a basis to believe the information would be found on the phone, was shown. United States v. Duncan, 2014 U.S. Dist. LEXIS 151162 (D. Minn. October 7, 2014):

In his affidavit, SA Baumann further stated that, based on his training and experience, telephone communications are accurate sources for determining dates, times, and details concerning crimes and relationships among people. (Id.) SA Baumann identified Duncan’s cell phone number and stated that he was aware that Duncan had sent a series of text messages on February 11, 2014, the date of the incident. (Id.) SA Baumann stated, “These text messages and call detail information may aid in identifying potential witnesses to this and other crimes,” and, “may assist in determining [the] state of mind of [the victim’s biological mother] prior to and immediately after the reported injuries were sustained by [the victim].” (Id.)

On February 20, 2014, SA Baumann drafted an affidavit in support of a second search warrant for Defendant’s physical cell phone itself, to be located on the person of Arlene Jean Duncan and/or at her residence, and for forensic access to any and all electronically stored data contained within the cell phone itself. (Gov’t Ex. 3, at 1). The warrant’s supporting affidavit is virtually identical to that drafted in support of the February 19, 2014, warrant, save for the inclusion of some additional information concerning Defendant’s cell phone, the fact that Defendant nearly always has her phone on her person, and information concerning Defendant’s home address. (Id.)