CA11: No nexus shown for cell phone SW, but def was on probation, so inevitable discovery applies

Cell phone search warrant failed to show nexus between the phone and the alleged crime. In considering remedy, the court decides not to apply the good faith exception and instead goes with inevitable discovery. Defendant was on probation and there was at least reasonable suspicion for a search of the phone. United States v. Bishop, 2017 U.S. App. LEXIS 5647 (11th Cir. April 3, 2017):

Here, we agree with Bishop that the facts set forth in the affidavit failed to provide a substantial basis for concluding that probable cause existed. Although the affidavit established a connection between Bishop and the iPhone, it failed to establish a link between the iPhone and any criminal activity. See Martin, 297 F.3d at 1314. The affidavit alleges that Bishop used an unregistered email address in connection with his iPhone. But the affidavit gives no reason to suspect that Bishop either did not use or could not have used his registered email address for that purpose. Notably, Montgomery acknowledged at the suppression hearing that Bishop could have used his registered email address as his Apple ID. So, if Bishop could have used his registered email address as his Apple ID, the fact that he possessed an iPhone and used it to download applications over the internet does not suggest that he failed to register an email address. Accordingly, the affidavit did not state facts sufficient to justify a conclusion that evidence of a crime would probably be found. See id.

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