Category Archives: Cell phones

E.D.Mich.: PC and nexus to cell phone shown by drug deal arranged on an app

Probable cause and a nexus to defendant’s phone was shown because of arranging drug transactions through its apps. United States v. Hughes, 2024 U.S. Dist. LEXIS 219482 (E.D. Mich. Dec. 4, 2024). Probable cause didn’t have to be decided because … Continue reading

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E.D.Wis.: Ptf’s claim judge’s signature on SW was forged fails for not even alleging there was a search

“The plaintiff similarly alleges that Miller forged a judge’s signature on a search warrant. But he does not say anything else about this search warrant. Did law enforcement execute the search warrant? What, or where, did they search? Did they … Continue reading

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Leftovers

2255 petitioner fails to show grounds for a CoA from his search claims, without telling us the rationale. United States v. Renteria, 2024 U.S. App. LEXIS 30239 (5th Cir. Nov. 26, 2024).* Defendant’s stop and frisk was without reasonable suspicion. … Continue reading

Posted in § 1983 / Bivens, Cell phones, Informant hearsay, Reasonable suspicion, Reasonableness, Stop and frisk, Strip search | Comments Off on Leftovers

D.Or.: Taking iPhone 6 apart and putting new firmware to make it work wasn’t a “search” for information

Taking an iPhone 6 apart, putting it back together, and installing new firmware to make it work was not a “search” because that process was not to obtain information. [Well, that was the ultimate goal, wasn’t it?] United States v. … Continue reading

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CA8: Pro se def’s standby counsel not ineffective at suppression hearing; not counsel’s role

Defendant chose to go pro se at the suppression hearing, grudgingly accepting standby counsel. After the motion to suppress was denied, he claimed ineffective assistance by standby counsel for not doing more. But that’s not standby counsel’s role. United States … Continue reading

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techdirt: Two Missouri Cops Are Facing Criminal Charges For Helping Themselves To Nude Photos Found On Drivers’ Phones

techdirt: Two Missouri Cops Are Facing Criminal Charges For Helping Themselves To Nude Photos Found On Drivers’ Phones by Tim Cushing, updating this post from 11/15

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LA5: Defense attorney’s email about evidence on phone not protected by attorney-client privilege

A defense attorney’s email about evidence on a cell phone was used to get authority to search and seize the phone. Defendant claimed privilege; the state claimed that defense counsel was obligated to turn over material evidence. It was not … Continue reading

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NBC: 2 Missouri officers accused of stealing nude photos from dozens of women’s phones at traffic stops

NBC: 2 Missouri officers accused of stealing nude photos from dozens of women’s phones at traffic stops by Austin Mullen and Doha Madani (“Two former Missouri officers were charged in separate, unconnected cases in federal court this week over allegations … Continue reading

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W.D.N.Y.: The fact the issuing magistrate read fast didn’t mean he wasn’t neutral and detached

The fact the issuing magistrate had to read 65 pages in 21 minutes doesn’t mean he wasn’t neutral and detached. “The Court is not persuaded by Defendant’s assessment of Judge Morrison’s reading speed, which relies wholly on speculation.” United States … Continue reading

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AZ: A traffic offense could be used to stop defendant to question him about a fatal accident 11 days earlier

Defendant committed a traffic offense and was stopped. Officers had reasonable suspicion he left the scene of a fatal accident 11 days earlier, and officers wanted to talk to him about that. The stop was not pretextual because there was … Continue reading

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TX12: Texas livestock officer lacked general law enforcement powers

A special ranger employed by the Texas & Southwest Cattle Raisers Association (TSCRA) recognized as part of the Texas DPS held himself out to be a law enforcement officer. Special rangers are limited to livestock and limited offenses. Instead, he … Continue reading

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OH4: Return of cell phone denied; it’s still potential evidence, and part of delay is refusing to give passcode

“Based on our review of the record, we find the trial court did not abuse its discretion in denying Smith’s motion for return of his electronic devices. At the time of Smith’s request, it appears that the property was still … Continue reading

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D.Mass.: Four-month delay in searching lawfully seized cell phone here not unreasonable

Four month delay in searching cell phones after lawfully seizing them was not unreasonable. “Defendant relies primarily on United States v. Smith, a Second Circuit case. … There, in assessing whether a thirty-one day delay between police seizing a tablet … Continue reading

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W.D.Pa.: Police officer can answer a dropped cell phone without violating 4A; that’s not a search

“Similarly, where an officer is legitimately in possession of a cell phone dropped at the scene of a crime and observes, in plain view, an incoming call arriving on the cell phone, the officer may lawfully answer the incoming call … Continue reading

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CA6: Cell phone SW affidavit relying on officer’s experience was sufficient on GFE, even if PC was lacking

Defendant was a suspect in robberies, and when he was arrested, there was a cell phone at his feet. There was no direct link to the cell phone and the robberies. The affidavit relied on the officer’s experience [of course] … Continue reading

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M.D.Ga.: Cell phone search started before SW’s completion date isn’t unreasonable

The fact execution of the warrant on defendant’s cell phone took longer than the time limitation in the warrant doesn’t justify suppression if the search process started before its expiration. United States v. Hewlett, 2024 U.S. Dist. LEXIS 189371 (M.D. … Continue reading

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M.D.Fla.: T.L.O. informs the use of handcuffs in school v. excessive force

T.L.O. informs the use of handcuffs in school v. excessive force. Here, the student was objectively enough of a safety risk to justify handcuffs. “Further, because the Fourth Amendment reasonableness inquiry is an objective standard, more discovery to determine Defendants’ … Continue reading

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E.D.N.Y.: RS required for non-routine customs cell phone search

An Italian businessman with business in Luxembourg and investment in the United States had his cell phone seized without reasonable suspicion at JFK and searched elsewhere. Reasonable suspicion is required for a non-routine cell phone search, and the data taken … Continue reading

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OH2: Arrest clothes in jail storage can be searched without a warrant

Under established authority from 1993 in this court, defendant’s clothes from his arrest in storage at the jail can be tested for evidence without a warrant. State v. Wells, 2024-Ohio-4813 (2d Dist. Oct. 4, 2024). Defendant pled guilty and only … Continue reading

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CO: Unlawfully obtained cell phone PIN used to search phone required suppression

The police unlawfully obtained defendant’s cell phone’s 6-digit PIN number to access his phone after a failed “brute force attack” attempting to get into the phone. That required suppression of the cell phone. People v. d’Estree, 2024 COA 106, 2024 … Continue reading

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