Category Archives: Cell phones

DE: Cell tower dump was reasonable under 4A

Defendant was convicted of robbery and kidnapping of a woman from her apartment complex to go to her ATM machine. Police got cell tower dumps for the nearest towers to the occurrence at the specific times to locate cell phones … Continue reading

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OH11: Running passenger’s ID through database didn’t violate Rodriguez

With no Ohio cases on point, looking to federal cases, the court concludes that running the passenger’s ID too was incidental to the stop and didn’t unreasonably extend it. State v. Foti, 2024-Ohio-39, 2024 Ohio App. LEXIS 47 (11th Dist. … Continue reading

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Cal.6: SW for fingerprint to unlock cell phone wasn’t unreasonable under 4A or testimonial compulsion under 5A

The officers here got a search warrant which required defendant to submit to unlocking his cell phone with his fingerprint. They opened the phone, but then it locked and they needed a second warrant to unlock it again. The affidavit … Continue reading

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N-M: 94-day delay in getting cell phone SW was unreasonable; GFE not applicable

The search of defendant’s iPhones and iPads lacked probable cause at the time it happened. His wife had apparent authority to search because she knew the passcodes but that doesn’t equate to her apparent authority to seize them. Also, the … Continue reading

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NY Kings Co.: The logic that people always have their cell phones on them is enough for nexus to get this SW

Defendant was arrested two days after a shooting. A search warrant was obtained for his cell phone. He resisted because there was no allegation he had the phone on him at the time of the shooting. Essentially, people always have … Continue reading

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M.D.Pa.: Cut-and-paste errors and delay in execution and discovery results in suppression of cell phone

A Franks violation from cut-and-paste of another cell phone search affidavit resulted in serious factual errors in this one. Coupled with the government’s late disclosure of the phone’s contents despite a date certain trial, the court concludes the exclusionary rule … Continue reading

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UT: Prosecutor’s trial comment on def’s refusal to give passcode to phone violated 5A

Defendant refused to reveal the passcode to his cell phone, and the police never got into it. He was charged with kidnapping, and he claimed that there was no kidnapping and that she consented to come with him. At trial, … Continue reading

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CA2: Pending 2255 petition justifies denial of Rule 41(g) petition

The business’s petition for return of records obtained by search warrant and grand jury subpoena is denied. The business’s principal is still litigating his criminal case and a 2255 is pending, and that justifies it. Allen v. Grist Mill Capital … Continue reading

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LA3: Cell phone ping to locate def in a shooting investigation was exigent

“In our view, the trial court did not err in finding that exigent circumstances justified the warrantless procurement of Defendant’s cell-site information. Defendant was attempting to flee from the investigation of this violent crime, [and there was a serious risk … Continue reading

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D.P.R.: Cell phone records obtained by SW not self-authenticating as evidence under 902(11)

Cell phone records obtained by warrant are not self-authenticating under F.R.E. 902(11). More will be required. United States v. Charbonier-Laureano, 2023 U.S. Dist. LEXIS 218249 (D.P.R. Dec. 5, 2023). The government’s knowledge fraud co-conspirators communicated by cell phone during period … Continue reading

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E.D.Cal.: Possession of enough to be a MJ distributor was PC even in a legal use state

The stop was justified because the taillights were “smoked out” and one couldn’t adequately see them. During the stop, the officer smelled marijuana, but he didn’t act on that alone. He asked questions, saw the medical marijuana card, but he … Continue reading

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ND: It was unreasonable for police to think landowner who rented bedroom to another could consent to its search

Defendant stayed in a bedroom in another’s house, and he paid rent. It was unreasonable for officers to conclude that the homeowner could consent to search of the room. Also, the door to the room was closed when the police … Continue reading

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CA5: Siccing police dog on woman in mental health crisis was excessive force; no crime involved

“Without any further attempts to subdue Sligh without the use of a dog bite, and without providing Sligh any warning that she may be subjected to a dog bite if she did not comply, Sutton sicced a dog on a … Continue reading

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S.D.Fla.: Scrolling through electronic devices at the border is reasonable in CA11

Merely scrolling through an electronic device at the border is a reasonable border search. United States v. Vrdoljak, 2023 U.S. Dist. LEXIS 208332 (S.D. Fla. Nov. 20, 2023). The officer was incidentally following defendant, and he observed her driving within … Continue reading

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N.D.Iowa: Even though stop showed def wasn’t impaired, DL and LPN could still be run

Even though defendant apparently wasn’t driving impaired, once validly stopped, the officer could run DL and LPN checks. The dog sniff didn’t prolong the stop at all. United States v. Drayton, 2023 U.S. Dist. LEXIS 206461 (N.D. Iowa Oct. 10, … Continue reading

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S.D.N.Y.: If the SW lacks PC, the remedy is a motion to suppress, not a motion to rescind the SW via 41(g)

Defendant filed a motion for the court to rescind the search warrant for his cell phone under Rule 41(g) because it was allegedly defective. The remedy is a motion to suppress, not to rescind. United States v. Cardenas, 2023 U.S. … Continue reading

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CA5: After a fire at def’s trailer, his false statements as to his whereabouts added to PC for SW for cell phone

Defendant lived at a trailer that burned, and a body was found inside. After it was determined that he gave false information about his whereabouts that day, state officers got a search warrant for his cell phone and location information. … Continue reading

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D.Vt.: Delay in searching one cell phone here leads to suppression but not as to a second one

Considering the four factors to consider in the delay in searching defendant’s cell phone, all the factors favor him. As to the exclusionary rule, “Because there is an ‘appreciable deterrent value’ in suppressing the evidence from the 9/15/22 Warrant, as … Continue reading

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N.D.Tex.: Protective sweep of meth lab property was objectively reasonable

The officers’ protective sweep of a property with a working meth lab was objectively reasonable. United States v. Moreno, 2023 U.S. Dist. LEXIS 201424 (N.D. Tex. Nov. 9, 2023). Defendant’s cell phone was used during the period the rape victim … Continue reading

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NYT: CIA officer’s cell phone search case pled yesterday

The cell phone search case of the CIA officer noted here from two weeks ago resulted in a guilty plea yesterday to some counts. NYT: Former C.I.A. Officer Pleads Guilty to Sexual Abuse Charges (“The former officer, Brian Jeffrey Raymond, … Continue reading

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