S.D.N.Y.: Cell phone search protocol can’t be described in SW in advance

It is difficult for law enforcement officers to describe in the search warrant a protocol for searching electronic data from a cell phone, whether it be a mechanical search or an electronic search. In fact, Cellebrite didn’t work on one of the phones. The fact significant amounts of personal information not related to the crime under investigation are seen isn’t determinative, and sometimes it has to be at least cursorily examined to determine whether it is within the warrant. United States v. Gatto, 2018 U.S. Dist. LEXIS 92142 (S.D. N.Y. June 1, 2018).

There was probable cause for the search warrant for defendant’s DNA for interstate transportation of his own daughters for illicit sex. “The critical question … of course was not whether defendant was guilty of abusing his daughter; the question was whether there was probable cause to believe defendant’s DNA sample would help to confirm this allegation.” United States v. Flucas, 2018 U.S. Dist. LEXIS 92308 (E.D. Cal. June 1, 2018).*

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