{"id":57287,"date":"2024-03-10T15:20:50","date_gmt":"2024-03-10T20:20:50","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57287"},"modified":"2024-03-10T15:20:50","modified_gmt":"2024-03-10T20:20:50","slug":"e-d-pa-in-a-cell-phone-search-cached-data-was-within-the-electronic-data-or-memory-features-of-the-phone-as-provided-by-the-sw","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=57287","title":{"rendered":"E.D.Pa.: In a cell phone search, cached data was within the &#8220;electronic data or memory features&#8221; of the phone as provided by the SW"},"content":{"rendered":"\n<p>Cached data on defendant\u2019s cell phone is included in \u201c[a]ll documents, including in electronic form, and stored communications including \u2026 photographs, videos, and any other electronic data or other memory features contained in the devices and SIM cards[.]\u201d The search was within the terms of the warrant. United States v. Daniels, 2024 U.S. Dist. LEXIS 40740 (E.D. Pa. Mar. 8, 2024).<\/p>\n\n\n\n<p>Defendant had no standing in the place searched with the exception of his personal locker. As to defendant\u2019s Franks challenge, the challenged information does not undermine the probable cause finding. The good faith exception also applies. United States v. Pooley, 2024 U.S. Dist. LEXIS 41188 (E.D. Cal. Mar. 7, 2024).*<\/p>\n\n\n\n<p>This officer gets qualified immunity for shooting decedent who was fighting with the officer attempting to arrest him. \u201cBut on this record, we see no basis to conclude Mr. Holmes was restrained (and not resisting) when Officer Somers used lethal force. Though Ms. Couser maintains otherwise, her version of the facts is not supported by the evidence. \u2026 [\u00b6] We thus agree with the district court that the third Graham factor supports Officer Somers.\u201d Couser v. Somers, 2024 U.S. App. LEXIS 5605 (10th Cir. Mar. 8, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Cached data on defendant\u2019s cell phone is included in \u201c[a]ll documents, including in electronic form, and stored communications including \u2026 photographs, videos, and any other electronic data or other memory features contained in the devices and SIM cards[.]\u201d The search &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=57287\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,21,40,59,34],"tags":[],"class_list":["post-57287","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-franks-doctrine","category-qualified-immunity","category-scope-of-search","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57287","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=57287"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57287\/revisions"}],"predecessor-version":[{"id":57288,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57287\/revisions\/57288"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57287"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57287"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57287"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}