S.D.N.Y.: Driver’s cell phone search in 2017 NYC truck attack on pedestrians attributed to ISIS was with PC and was particular

The defendant in the 2017 New York City truck attack attributed to ISIS moved to suppress his cell phone search, primarily on the ground that ubiquity of cell phones alone isn’t enough. There was more. The court credits the FBI agent’s affidavit that defendant likely was in contact with ISIS through the phone by calls or social media. Probable cause was shown, and the warrant was particular. United States v. Saipov, 2019 U.S. Dist. LEXIS 115614 (S.D. N.Y. July 11, 2019).*

“Like the district court, we conclude that the affidavits supporting each of the GPS warrant applications provided probable cause to believe that Petruk was involved in methamphetamine trafficking and that the location data from the vehicles would lead to evidence of that trafficking.” United States v. Petruk, 2019 U.S. App. LEXIS 20601 (8th Cir. July 11, 2019).*

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