D.Minn.: Text messages provided nexus for SW for cell phone that produced CP

Defendant lived in the heated garage converted to a bedroom of a couple with two small children. One of the children said she was touched by defendant and they ordered him out of the house. Later, a search warrant was issued for his cell phone. The only nexus was text messages to the couple about what happened, and that was [barely] enough for the search warrant to issue, and then child pornography was validly found on the cell phone. United States v. Kilman, 2016 U.S. Dist. LEXIS 145785 (D.Minn. Sept. 6, 2016).

Defendant was seized with reasonable suspicion and the seizure of defendant’s cell phone was also reasonable. It wasn’t searched until later with a warrant. United States v. Lawton, 2016 U.S. Dist. LEXIS 146099 (D.Kan. Oct. 20, 2016).*