D.Minn.: In a meth possession with intent case, a cell phone in the back seat with def was logically connected to the crime

In a meth distribution case, a cell phone found in the back seat is logically connected to the crime because officers know that co-conspirators communicate with each other on cell phones during the crime. United States v. Allery, 2020 U.S. Dist. LEXIS 15834 (D. Minn. Jan. 29, 2020):

Allery next argues that the warrants were not supported by probable cause because Special Agent Marshall’s affidavits failed to establish a nexus between the evidence to be seized and the items to be searched. See Summage, 481 F.3d at 1078 (probable cause requires a nexus between the evidence sought and the location to be searched). The Court disagrees. The iPhone in question was recovered from the back seat of the vehicle in which Allery was riding at the time of his arrest—a vehicle in which law-enforcement officers found a large quantity of methamphetamine. ECF No. 100-1 at 7-9; ECF No. 100-2 at 17-19. Special Agent Marshall’s affidavits explained, based on his training and experience, that people involved in the distribution of narcotics often communicate using cell phones, and that cell phones and associated online accounts can store information related to narcotics sales, communications between co-conspirators, and other evidence of drug trafficking. ECF No. 100-1 at 13; ECF No. 100-2 at 29-31. Moreover, in a recorded telephone conversation, Allery himself said that the government had his phone and that the phone contained potentially incriminating information. ECF No. 100-1 at 12; ECF No. 100-2 at 22. The affidavits thus established a clear nexus between the evidence to be seized and the iPhone and Apple ID account to be searched.