NM: SW time limit to execute cell phone SW is from initial seizure, not the download

“[W]hen a warrant is issued to search an electronic device, that warrant is executed when the device is seized or the data is copied on-site, which must occur within Rule 5-211(C)’s ten-day time limit. Rule 5-211(C)’s ten-day time limit applies only to the seizure of the device and not any subsequent data extraction or review. Because Sanchez’s cell phone had already been seized by the police when the police obtained the warrant to search the phone, it was not a violation of Rule 5-211(C) for the police to successfully unlock the phone and extract its contents after the ten-day time limitation in the rule. Accordingly, we reverse the district court’s suppression of the evidence obtained from the cell phone.” State v. Sanchez, 2020 N.M. LEXIS 21 (July 23, 2020).