OH6: One has no standing in another’s cell phone records

Defendant had no standing to contest seizure of his girlfriend’s cell phone records. State v. Young, 2012 Ohio 1669, 2012 Ohio App. LEXIS 1456 (6th Dist. April 13, 2012).*

The USMJ concluded that the computer search was excessive, but the Sixth Circuit spoke in a case on point right after that, so the R&R is adopted as modified. United States v. Labuda, 2012 U.S. Dist. LEXIS 51084 (W.D. Tenn. April 11, 2012)*:

The Government objects to the Magistrate Judge’s conclusion that Campbell’s search exceeded the boundaries of the Search Warrant. (Gov.’s Objection 4.) The Government argues that United States v. Richards, 659 F.3d 527 (6th Cir. 2011), which was decided two weeks after the Magistrate Judge’s Report, established clearer parameters for electronic database and file searches. (Gov.’s Objections 2.) The Government contends that “the Richards court determined that seizure of images of child pornography other than those specifically sought in the warrant was not a violation of the Fourth Amendment, even though the server was set up with neatly compartmentalized segments and files.” (Id.)