D.Idaho: Cellphone warrant was not sufficiently particular and is suppressed; Gmail account not suppressed

The Google email search warrant was sufficiently particular to narrow the search to documents pertaining to a particular land transaction. The search warrant for defendant’s Apple phone and accounts, however, was insufficiently particular and is suppressed. The affidavit attempted to be more particular, but it did not accompany the warrant on execution. United States v. Pilling, 2024 U.S. Dist. LEXIS 36830 (D. Idaho Mar. 2, 2024).

This cell phone was with probable cause and was particular. “Here, the warrant affidavits clearly established probable cause to conclude that Sinisterra was involved in all three shootings described therein. He was implicated by two individuals who corroborated each other and were in turn corroborated by other evidence. The affidavits further averred that both Sinisterra and W1 were members of 960, and that they communicated with each other via text message, Facebook messenger, and Facetime. Finally, Sinisterra used his cell phone to contact W1, arguably confessing, minutes after a shooting in which he was implicated by W1.” United States v. Sinisterra, 2024 U.S. Dist. LEXIS 36057 (D. Conn. Mar. 1, 2024).*