D.Nev.: SW clearly did not authorize downloading of iPhone and iPad at the place of search; no good faith exception

The officer thought the warrant authorized downloading on the premises, but it obviously did not. This is gross negligence, and the good faith exception does not apply. Defendant wasn’t in custody and was not entitled to a Miranda warning when the officer asked him for the passcodes to his iPhone and iPad. United States v. Casutt, 2022 U.S. Dist. LEXIS 32602 (D.Nev. Jan. 28, 2022).

Alleged illegal search of cell phone just to obtain identifying information but not the data on it did not void the subsequent search warrant for the phone. There was probable cause already. Lanham v. United States, 2022 U.S. Dist. LEXIS 32474 (W.D.Tenn. Feb. 24, 2022).

Eight prior controlled buys was probable cause. United States v. Gilliam, 2022 U.S. Dist. LEXIS 32752 (W.D.La. Feb. 8, 2022).*

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