Category Archives: Cell phones

S.D.Tex.: No 5A protection on phone pass code, and inevitable discovery applies

The foregone conclusion rationale for access to passcodes for cell phones. There was no Fifth Amendment privilege to providing the passcodes. Inevitable discovery applies. United States v. Zhengdong Cheng, 2022 U.S. Dist. LEXIS 6437 (S.D.Tex. Jan. 12, 2022):

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S.D.Tex.: BOLO that matched defendant’s car was RS for stop

A BOLO that matched defendant’s car was reasonable suspicion for a stop. United States v. Yanez, 2022 U.S. Dist. LEXIS 6376 (S.D.Tex. Jan. 12, 2022). Cell phone communication and text messages about drug deals with the defendant gave probable cause … Continue reading

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S.D.N.Y.: RS parolee is into drugs justifies PO’s cell phone search

State parole officers with reasonable suspicion defendant was involved in drugs could seize and search his cell phone. United States v. Devaughn, 2022 U.S. Dist. LEXIS 5406 (S.D.N.Y. Jan. 11, 2022). There was no reasonable suspicion for a probation search … Continue reading

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CO: Particularity of cell phone SW was harmless error and didn’t even have to be decided

Defendant’s claim that his cell phone search warrant violated the particularity requirement does not have to be decided because, if error, it is harmless beyond a reasonable doubt on this record. Pettigrew v. People, 2022 CO 2, 2022 Colo. LEXIS … Continue reading

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CA8: “Delay in searching a phone is immaterial to the reasonableness of a seizure, however, when the device has independent evidentiary value.”

Defendant went through airport security in Long Beach with a gun in a bag. A further stop and search of him found seven cell phones. They were ultimately searched with a warrant finding text messages detailing drug deals. The delay … Continue reading

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TX5: Knowledge def regularly deleted info from cell phone was exigency for seizure

The officers had information that defendant routinely deleted information from his call logs and text messages. That was exigency for a warrantless seizure of the phone. A later warrant was obtained for the phone. Veal v. State, 2021 Tex. App. … Continue reading

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PA: Cell phone SW has to protect privacy, but an internet-based crime will permit a broad search

Because of the nature of the invasion into privacy, a cell phone search has to be as limited as the search of a home, and the probable cause defines the scope of the search. All they had for starters was … Continue reading

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CA10: Cell phone search for evidence of sex trafficking could be broad; this was particular enough

The cell phone search warrant in this sex trafficking case allowed search of everything on the phone that could contain evidence of sex trafficking as defined under Oklahoma law. It was not overboard because the information sought could have taken … Continue reading

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D.Idaho: Fact of app on cell phone that deletes photos when viewed doesn’t undermine PC for them

The court issued a search warrant for defendant’s cell phone for photographs of nude minors. The fact he had an account that allegedly deleted pictures when they were viewed doesn’t undermine the probable cause. United States v. Young, 2021 U.S. … Continue reading

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MS: No REP in contraband cell phone in prison

There is no reasonable expectation of privacy in a contraband cell phone in prison. United States v. Jackson, 866 F.3d 982 (8th Cir. 2017). Walker v. State, 2021 Miss. App. LEXIS 502 (Dec. 7, 2021). Accord: United States v. Basaldua, … Continue reading

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TN: No standing in text messages on codef’s cell phone

Defense counsel could not be ineffective for not moving to suppress text messages on the codefendant’s cell phone where defendant had no standing. Wells v. State, 2021 Tenn. Crim. App. LEXIS 553 (Dec. 7, 2021). There is no reasonable expectation … Continue reading

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SC: Officers obtained text messages in murder case with emergency request

The state’s obtaining CSLI here is not suppressed. Officers worked backwards from the murder victim’s cell phone and an emergency request for text messages and got them and linked them to defendant. It was inevitable that defendant’s CSLI would be … Continue reading

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MO: Even if 4A IAC, no prejudice

Even if defense counsel was ineffective for not moving to suppress files found on his computer that corroborated his child rape victim, he can’t show prejudice because of other exhibits in evidence which were incontestable. The post-conviction court erred in … Continue reading

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WA: No REP in text message exchange

There is no reasonable expectation of privacy in text messages exchanged with another, even under the state’s more protective constitution of “private affairs.” State v. Pouncy, 2021 Wash. App. LEXIS 2811 (Nov. 30, 2021) (unpublished).* The reasonableness of a traffic … Continue reading

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N.-M.: Statement attenuated from unlawful cell phone seizure

Defendant was arrested after NCIS forced entry into his barracks room arresting him at gunpoint coming out of the shower for allegations of sexual conversations with an minor. NCIS seized his cell phone without a search authorization. Ultimately, his cell … Continue reading

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DE: Carpenter doesn’t apply to specific cell tower dumps obtained by SW

Carpenter doesn’t apply to specific cell tower dumps obtained by search warrant. “The warrants present in this case are not a top-to-bottom search of any and all stored data of the digital contents of the devices and ‘any other information/data … Continue reading

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WI: Contempt for failing to provide passcode for search of phone is reversed because it is now moot by SW

The owner of a cell phone was held in contempt for not providing a passcode to his phone so police could search it. They did not yet have a warrant. After defendant was held in contempt, the police obtained a … Continue reading

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D.Nev.: Important case: SW affidavit didn’t support the breadth of cell phone search

Defendant was arrested for sex trafficking child in a reverse sting operation, and the court finds the search warrant for his telephone lacked probable cause to search it for child pornography. “That Lofstead may have attempted to purchase commercial sex … Continue reading

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IL: The foregone conclusion doctrine applies to providing passcode to search a cell phone

The foregone conclusion doctrine applies to obtaining the passcode to a cell phone to search it. Thus, production of the passcode is non-testimonial for the Fifth Amendment. People v. Sneed, 2021 IL App (4th) 210180, 2021 Ill. App. LEXIS 637 … Continue reading

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D.Conn.: Protective sweep led to seizure of cell phone in plain view

Officers conducted a valid protective sweep and found defendant’s cell phone. It was seized in plain view, and then a search warrant was obtained for it. All searches were valid. United States v. Salaman, 2021 U.S. Dist. LEXIS 219785 (D.Conn. … Continue reading

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