DE: Just because criminals communicate by cell phone isn’t enough to show nexus

Defendant’s cell phone search was not based on a logical nexus between defendant’s cell phone and the murder. Just because criminals communicate by cell phone isn’t enough here. State v. Johnson, 2019 Del. Super. LEXIS 661 (Dec. 18, 2019):

As the Delaware Supreme Court clarified in Buckham, “the constitutional requirement that there be a nexus between the crime and the place to be searched is also enshrined in Delaware law.” In Buckham, the Supreme Court found that many of the allegations in the warrant application were too vague and too general to connect Buckham’s cellphone to the crime. The Supreme Court found “particularly unpersuasive” the statement that “criminals often communicate through cellular phones.”