There is no reasonable expectation of privacy in text messages in the receiving cell phone. The court also discusses the third party doctrine as to private persons. State v. Armstrong, 2020 N.J. Super. LEXIS 86 (June 2, 2020).
Defendant’s conclusory motion to suppress for lack of probable cause is denied for inadequate pleading. He just can’t rely on the police reports to establish his standing. “Defendant’s equally conclusory arguments in support of his request for a Franks hearing … also fall well short of the required showing for that relief.” United States v. Matthews, 2020 U.S. Dist. LEXIS 95767 (W.D. N.Y. Apr. 21, 2020).*