Category Archives: Cell phones

W.D.N.Y.: SW for devices used for video surveillance included cell phones because apps can be used to view cameras from cell phones

In a search warrant for devices capable of use in video surveillance, a cell phone qualified because apps on phones permitted home surveillance cameras (such as Ring doorbell cams) to be viewed on cell phones. United States v. Hampton, 2024 … Continue reading

Posted in Cell phones, Custody | Comments Off on W.D.N.Y.: SW for devices used for video surveillance included cell phones because apps can be used to view cameras from cell phones

FL1: Violation of state knock-and-announce statute requires suppression; Hudson not followed

Violation of the state knock-and-announce statute required suppression. Officers entered with haste and didn’t give defendant the chance to surrender peaceably to the search. The statute is a century old, and it serves important privacy interests. The state’s claim that … Continue reading

Posted in Cell phones, Exclusionary rule, Knock and announce, Standing | Comments Off on FL1: Violation of state knock-and-announce statute requires suppression; Hudson not followed

N.D.Ala.: All parts of a SW are read in context, and that narrows it so it’s not overbroad

Defendant seizes on one sentence in the search warrant to contend that it was overbroad. Under Andresen, parts of warrants are read in context. In context, it was not overbroad. United States v. Canaday, 2024 U.S. Dist. LEXIS 64639 (N.D. … Continue reading

Posted in Cell phones, Good faith exception, Overbreadth | Comments Off on N.D.Ala.: All parts of a SW are read in context, and that narrows it so it’s not overbroad

CA9: Compelled use of fingerprint to open a cell phone didn’t violate 5A

Police forcing defendant parolee to use his fingerprint to open his cell phone was not testimonial under the Fifth Amendment. It was “cognitive exertion” and akin to taking DNA or a blood draw. United States v. Payne, 2024 U.S. App. … Continue reading

Posted in Cell phones, Privileges | Comments Off on CA9: Compelled use of fingerprint to open a cell phone didn’t violate 5A

TX2: No SW needed to get IMEI number of an abandoned cell phone to trace the owner

“Officers may open a cell phone abandoned at a crime scene to view non-electronic identifying information, such as the phone’s international mobile equipment identification (IMEI) number, and then use that identifying information to obtain a search warrant for the phone’s … Continue reading

Posted in Abandonment, Cell phones, Standing | Comments Off on TX2: No SW needed to get IMEI number of an abandoned cell phone to trace the owner

S.D.N.Y.: GJ subpoena for cell phone passcode quashed.

The government’s grand jury subpoena for defendant’s cell phone passcode is quashed because it seeks testimonial information in violation of the Fifth Amendment showing defendant’s knowledge of the contents of the phone. “The Court denies Gray’s Rule 41(g) motion. Even … Continue reading

Posted in Cell phones, Ineffective assistance, Privileges, Reasonable suspicion | Comments Off on S.D.N.Y.: GJ subpoena for cell phone passcode quashed.

S.D.N.Y.: There’s a privacy interest in a cell phone passcode, but its disclosure here under a ruse does not lead to suppression

There is a privacy interest in one’s cell phone passode protected by the Fifth Amendment. Here, however, defendant’s disclosure of the passcode in responding to a CBP ruse after a flight from Mexico was not compulsion. United States v. Shvartsman, … Continue reading

Posted in Cell phones, Privileges | Comments Off on S.D.N.Y.: There’s a privacy interest in a cell phone passcode, but its disclosure here under a ruse does not lead to suppression

CA8: 5-day delay between seizure of a cell phone and the SW to get into it was reasonable

A five-day delay between seizure of a cell phone and the search warrant to get into it was reasonable. United States v. Thomas, 2024 U.S. App. LEXIS 8165 (8th Cir. Apr. 5, 2024). “Considering the factors outlined in Golinveaux, Schnitker’s … Continue reading

Posted in Abandonment, Cell phones, Consent, DNA | Comments Off on CA8: 5-day delay between seizure of a cell phone and the SW to get into it was reasonable

NV: The state’s ability to seize a cell phone with exigency doesn’t include the power to search it

The ability to seize a cell phone with exigent circumstances doesn’t include the state’s ability to search it without a warrant. Smith v. State, 2024 Nev. LEXIS 14 (Mar. 28, 2024). Defendant wasn’t seized when the officer first approached him. … Continue reading

Posted in Cell phones, Inventory, Seizure | Comments Off on NV: The state’s ability to seize a cell phone with exigency doesn’t include the power to search it

E.D.N.Y.: Seizure of def’s cell phone in South Africa by their police does not “shock the conscience” or show virtual agency

“The court must first begin with a discussion of the initial seizure of Chang’s cellphone by South African authorities on December 29, 2018. Under the ‘international silver platter doctrine,’ the U.S. can generally receive evidence obtained by foreign authorities with … Continue reading

Posted in Cell phones, Foreign searches, Issue preclusion, Waiver | Comments Off on E.D.N.Y.: Seizure of def’s cell phone in South Africa by their police does not “shock the conscience” or show virtual agency

E.D.Cal.: Stop for expired registration during Covid extension of time to register cars was objectively unreasonable

The stop of defendant’s car for expired tags but within the period of the state’s Covid executive order extending time to register cars was objectively not reasonable, even where the officer was unaware of the meaning of the EO. United … Continue reading

Posted in Cell phones, Cell site location information, Probable cause, Reasonableness | Comments Off on E.D.Cal.: Stop for expired registration during Covid extension of time to register cars was objectively unreasonable

WA: Parole search of cell phone was reasonable

Defendant was on supervision for a sex offense. He was required to disclose all his dating relationships. A parole search of his cell phone was reasonable, and it revealed other violations. In re Pers. Restraint of Allgoewer, 2024 Wash. App. … Continue reading

Posted in Cell phones, Issue preclusion, Probation / Parole search | Comments Off on WA: Parole search of cell phone was reasonable

IN: Cell phone linked to murder by TM sent before; PC for search

Defendant’s cell phone was linked to the murder by a witness saying that the meet was set up by text messages and more. Banks v. State, 2024 Ind. App. LEXIS 66 (Mar. 15, 2024):

Posted in Cell phones, Nexus, Probable cause | Comments Off on IN: Cell phone linked to murder by TM sent before; PC for search

GA: SW for marijuana supported plain view seizure of firearms, ammunition, and body armor

Police had a search warrant for marijuana. “[E]ven if the seizure of the firearms, ammunition, and body armor is not within the scope of the warrant, we agree with the State that law enforcement was authorized to seize these items … Continue reading

Posted in Cell phones, Inventory, Plain view, feel, smell, Scope of search | Comments Off on GA: SW for marijuana supported plain view seizure of firearms, ammunition, and body armor

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

Cached data on defendant’s cell phone is included in “[a]ll documents, including in electronic form, and stored communications including … photographs, videos, and any other electronic data or other memory features contained in the devices and SIM cards[.]” The search … Continue reading

Posted in Cell phones, Franks doctrine, Qualified immunity, Scope of search, Standing | Comments Off on 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

D.Minn.: Cell phone that govt can’t open not in its possession for discovery purposes

Defendant’s cell phone is in the possession of the government but it can’t search it because they don’t have the pass code. Defendant’s request for discovery of the phone under Rule 16 is denied because the contents of the phone … Continue reading

Posted in Cell phones, Plain view, feel, smell, Privileges, Reasonable suspicion | Comments Off on D.Minn.: Cell phone that govt can’t open not in its possession for discovery purposes

D.Idaho: Cellphone warrant was not sufficiently particular and is suppressed; Gmail account not suppressed

The Google email search warrant was sufficiently particular to narrow the search to documents pertaining to a particular land transaction. The search warrant for defendant’s Apple phone and accounts, however, was insufficiently particular and is suppressed. The affidavit attempted to … Continue reading

Posted in Cell phones, E-mail, Particularity | Comments Off on D.Idaho: Cellphone warrant was not sufficiently particular and is suppressed; Gmail account not suppressed

D.Conn.: That accomplices communicated by text messaging justified SW for cell phone

This cell phone was with probable cause and was particular. “Here, the warrant affidavits clearly established probable cause to conclude that Sinisterra was involved in all three shootings described therein. He was implicated by two individuals who corroborated each other … Continue reading

Posted in Cell phones, Probable cause, Staleness | Comments Off on D.Conn.: That accomplices communicated by text messaging justified SW for cell phone

Reason: Yes, Warrants Allow a Search Through the Whole Phone

Reason: Yes, Warrants Allow a Search Through the Whole Phone by Orin S. Kerr (“A comment on a mistaken way to limit computer searches— focusing on People v. Carson from the Michigan Court of Appeals.”):

Posted in Cell phones, Scope of search | Comments Off on Reason: Yes, Warrants Allow a Search Through the Whole Phone

NY2: SW for def’s cell phone browser history lacked PC, but here it was harmless error

“The defendant correctly contends that the police search of his browsing history and URLs of his Blackberry cell phone was not authorized by the search warrant obtained by the police. ‘To establish probable cause, a search warrant must provide sufficient … Continue reading

Posted in Cell phones, Probable cause, Scope of search | Comments Off on NY2: SW for def’s cell phone browser history lacked PC, but here it was harmless error