D.Conn.: Possession of an unauthorized smartphone was RS and justified its search

Possession of an unauthorized smartphone was a violation of defendant’s probation and provided reasonable suspicion for a search of the phone. Aside from the legitimate reasons for having a smartphone, “[c]onsidering that a smartphone is often used as an instrumentality of the very offense for which the Defendant was on probation, this knowledge rendered Gschlecht’s possession of such a device even more suspicious.” United States v. Gschlecht, 2020 U.S. Dist. LEXIS 57963 (D. Conn. Apr. 2, 2020).

There was probable cause for the search of cell phones and computers seized. Although not mentioned in the oral ruling, the good faith exception applies for a multitude of reasons. United States v. Cabrera, 2020 U.S. Dist. LEXIS 57751 (S.D. Fla. Mar. 2, 2020),* adopted, 2020 U.S. Dist. LEXIS 55789 (S.D. Fla. Mar. 30, 2020).*