N.D.Cal.: SI of iPhone was reasonable

Contemporaneous search incident of an iPhone was justified under all the cases that deal with pre-technology search incidents of closed containers. United States v. Hill, 2011 U.S. Dist. LEXIS 4104 (N.D. Cal. January 10, 2011):

This Court recognizes that many modern cell phones, like computers, are capable of storing large amounts of personal information. However, absent guidance from the Supreme Court or the Ninth Circuit, the Court is unwilling to conclude that a cell-phone that is found in a defendant’s clothing and on his person, as is the case here, should not be considered an element of the person’s clothing. Accordingly, the Court concludes that, on the facts of this case, Hill’s iPhone should not be treated any differently than, for example, a wallet taken from a defendant’s person. See, e.g., United States v. Passaro, 624 F.2d 938, 943-44 (9th Cir. 1980); United States v. Ziller, 623 F.2d 562, 562-63 (9th Cir. 1980).

[One might get the impression that the judge was holding his nose when saying this.]

The affidavit for the search warrant was not based on a fair probability that the defendant had a gun there but that a codefendant likely left one there in the course of the crime. The affidavit was sufficient. United States v. Myers, 2011 U.S. Dist. LEXIS 4047 (M.D. Fla. January 14, 2011).*

Defendant’s objections to the USMJ’s R&R is overruled. The USMJ makes the credibility determinations, and the district judge applies the law. This finding could not be overruled. United States v. Schmitz, 2011 U.S. Dist. LEXIS 4050 (M.D. Fla. January 14, 2011).*