{"id":60575,"date":"2025-03-26T09:16:23","date_gmt":"2025-03-26T14:16:23","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60575"},"modified":"2025-03-26T09:53:54","modified_gmt":"2025-03-26T14:53:54","slug":"ca9-71-day-delay-for-iphone-sw-was-reasonable-where-software-update-was-involved","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=60575","title":{"rendered":"CA9: 71-day delay for iPhone SW was reasonable where software update was involved"},"content":{"rendered":"\n<p>71-day delay in getting search warrant to access defendant\u2019s cell phone was reasonable where the delay was attributed to waiting for a software update for their device because the iPhone was a newer model. United States v. Powell, 2025 U.S. App. LEXIS 6590 (9th Cir. Mar. 19, 2025).*<\/p>\n\n\n\n<p>\u201cWe determine that Tate failed to preserve error on his argument that \u2018the magistrate failed to make credibility determinations in the order granting the search warrant concerning the confidential informant.\u2019 We therefore affirm without reaching the merits of Tate&#8217;s appeal.\u201d State v. Tate, 2025 Iowa App. LEXIS 257 (Mar. 19, 2025).*<\/p>\n\n\n\n<p>Appellant lost his Franks challenge below and then pled guilty without a conditional plea. He wouldn\u2019t have won any appeal of the Franks challenge. United States v. Petitfrere, 2025 U.S. Dist. LEXIS 50957 (E.D. Ky. Feb. 26, 2025).*<\/p>\n\n\n\n<p>Exhibit A to the search warrant wasn\u2019t present at the search so the officers didn\u2019t know all that was seized. Here, plain view carries the search anyway. United States v. Gilmore, 2025 U.S. App. LEXIS 6581 (11th Cir. Mar. 21, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>71-day delay in getting search warrant to access defendant\u2019s cell phone was reasonable where the delay was attributed to waiting for a software update for their device because the iPhone was a newer model. United States v. Powell, 2025 U.S. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=60575\">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":[5,21,44,51,16],"tags":[],"class_list":["post-60575","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-franks-doctrine","category-informant-hearsay","category-plain-view","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60575","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=60575"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60575\/revisions"}],"predecessor-version":[{"id":60577,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60575\/revisions\/60577"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60575"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60575"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60575"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}