D.D.C.: When cell phone is part of crime, a broader SW is permitted

The warrant for defendant’s cell phone showed plenty of probable cause. Because the probable cause was based on use of the phone as an instrumentality of the offense of attempted child exploitation and possession of child pornography, a broader warrant for all data was authorized. Defendant’s proffered cases are distinguishable because the phones there weren’t part of the crime. United States v. Smith, 2021 U.S. Dist. LEXIS 131602 (D.D.C. July 15, 2020).

The protective sweep in the back of defendant’s small business was reasonable. United States v. Hurley, 2021 U.S. Dist. LEXIS 132841 (E.D.Mo. July 16, 2021).*

A trash pull that produced 13 discarded vacuum sealed bags and other drug evidence was probable cause for a warrant. United States v. Gates, 2021 U.S. Dist. LEXIS 132461 (E.D.Tex. July 16, 2021).*

Grand jury materials including the product of geofence warrants can’t be disclosed to a contractor to manage the data under the secrecy provisions of F.R.Crim.P. 6. In re Capitol Breach Grand Jury Investigations Within the Dist. of Columbia, 2021 U.S. Dist. LEXIS 132482 (D.D.C. July 16, 2021).*