NY3: Cell phones may be seized and searched under SW for computers, processors, and drives

A search warrant for computers, processing units, and drives didn’t say “cell phone,” but cell phones may be seize under that description. People v. Victor, 2016 NY Slip Op 03551, 2016 N.Y. App. Div. LEXIS 3425 (3d Dept. May 5, 2016):

Defendant argues that his cell phone was illegally seized at the residence because the search warrant did not specifically refer to cell phones as an item to be seized. We disagree. The search warrant for the residence authorized, among other things, the seizure of “any records … pertaining to any illicit controlled substance activities or transactions” and “[a]ny computers, central processing units, external and internal drives and external and internal storage equipment or media, terminals or video display units … and any and all computing or data processing software, or data including, but not limited to: hard disks, floppy disks, cassette tapes, video cassette tapes, magnetic tapes, integral ram or rom units, and any other permanent or portable storage devices(s).” This language was sufficiently particular to allow the police to identify a cell phone as an item to be seized pursuant to the warrant, inasmuch as a cell phone qualifies as a computer and/or storage device capable of maintaining records “pertaining to … illicit controlled substance activities or transactions” (People v Church, 31 AD3d 892, 893-894, 819 N.Y.S.2d 155 [2006], lv denied 7 NY3d 866, 857 N.E.2d 1142, 824 N.Y.S.2d 611 [2006]; see generally People v Nieves, 36 NY2d 396, 401, 330 N.E.2d 26, 369 N.Y.S.2d 50 [1975]).