N-M: Cell phone search authorization for one day produced 200,000 images; but still not unreasonable because of how it was done

The search authorization for defendant’s cell phone for location data and images for a particular date was supported by probable cause. The Cellebrite download included 200,000 images, far more than the day in question. While looking for the day in question, child pornography was seen, too. The search stopped and another search authorization was obtained. While concerning in downloading 200,000 photographs when looking for one day’s worth, the process as a whole was reasonable, and the exclusionary rule would not be applied. United States v. Shields, 2022 CCA LEXIS 448 (N-M Ct. Crim. App. July 27, 2022).*

“Preliminarily, the specific arguments the defendant now makes to support his contention that the County Court erred in denying his motion to controvert a search warrant are unpreserved for appellate review, since they were not raised before the suppression court …. In any event, the court properly concluded that the search warrant was supported by probable cause ….” People v. Cardona, 2022 NY Slip Op 04733, 2022 N.Y. App. Div. LEXIS 4622 (2d Dept. July 27, 2022).*

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