S.D.N.Y.: Warrantless search of cell phone validated by SW issued after the search

Warrantless search of defendant’s cell phone was valid by inevitable discovery. While it was searched before officers got a search warrant, the fact they got a search warrant after the fact validates it. United States v. Borrero, 2013 U.S. Dist. LEXIS 154341 (S.D. N.Y. October 28, 2013):

Here, the inevitable discovery doctrine plainly applies. On the documentary record before this Court alone there is no doubt that the Government could have obtained a warrant to search Borrero’s cellphone based solely on information existing prior to the unlawful search; and in fact, that is proven by the fact that the Government did obtain a warrant based on those same facts. Thus, this Court can state with a high level of confidence that the inevitable discovery doctrine applies here and the contents of the cellphone would not be excluded based on a Fourth Amendment violation.