NY3: Cell phone SW must be based on fact and inference, not just “common sense”

A search warrant for a cell phone must be based on fact and inference not just on “common sense.” People v. Jemmott, 2018 NY Slip Op 05632, 2018 N.Y. App. Div. LEXIS 5576 (3d Dept. Aug. 2, 2018).

The application for the search warrant for defendant’s cell phone was based on probable cause. People v. Wilborn, 2018 NY Slip Op 05613, 2018 N.Y. App. Div. LEXIS 5527 (2d Dept. Aug. 1, 2018).*