CA8: “Other media” in a SW includes cell phones

“Other media” in a search warrant includes cell phones. United States v. Oliver, 2020 U.S. App. LEXIS 5035 (8th Cir. Feb. 19, 2020):

Second, the warrant’s reference to “other media” as items to be seized is broad enough to include cell phones. See United States v. Gamboa, 439 F.3d 796, 807 (8th Cir. 2006). The warrant authorized the seizure of “other media that show standing for an address, vehicle, the location of narcotics proceeds, or a connection between people, addresses and vehicles or that a crime has been committed.” We agree with the district court that it is “self-evident” that a cell phone could constitute such media. Furthermore, we have held that cell phones may be seized when they may contain other items listed in a search warrant. See Gamboa, 439 F.3d at 807 (stating that “cell phones may well contain ‘records of the use and purchase of controlled substances'” as stated in the search warrant). Even if we credited Oliver’s argument that cell phones do not constitute media, the cell phones here could have contained other items specifically mentioned in the warrant, such as notes or photographs. Thus, the district court did not err in concluding that the police’s seizure of Oliver’s cell phones did not violate the Fourth Amendment.