{"id":23737,"date":"2016-09-18T00:07:15","date_gmt":"2016-09-18T05:07:15","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=23737"},"modified":"2016-09-17T13:41:20","modified_gmt":"2016-09-17T18:41:20","slug":"or-state-didnt-show-pc-to-seize-all-cell-phones-cameras-and-computers-def-might-have-to-get-one-audio-recording-on-his-cell-phone","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=23737","title":{"rendered":"OR: State didn’t show PC to seize all cell phones, cameras, and computers def might have to get one audio recording on his cell phone"},"content":{"rendered":"

There was an alleged domestic assault at defendant\u2019s home. There was reason to believe the home security system and his cell phone would have evidence of it in an audio recording. He could also access the security system with his smartphone. \u201cThe warrant application sought authorization to seize and examine, as evidence of crimes \u2018including but not limited to Assault,\u2019 ][a]ll cell phones, computers, recorders and security systems owned or operated by [defendant].\u2019 The application further sought authorization to examine such items for digital evidence, including \u2018[g]raphic and movie files ***, which may be, or are, used to visually depict an assault taking place,\u2019 as well as text files and \u2018[c]orrespondence\u2019 \u2018pertaining to the crime of assault.\u2019\u201d In executing the search warrant, officers went into defendant\u2019s gun safe because it was possible there were other cell phones, cameras, or computers in there. In there, marijuana was found, and defendant moved to suppress. The court found that there was no probable cause shown as to all the possible recording devices that defendant could have to justify their seizure and forensic analysis. State v. Friddle<\/a>, 281 Ore. App. 130, 2016 Ore. App. LEXIS 1085 (Sept. 14, 2016).<\/p>\n

Note: This case, albeit decided under the state constitution, will be valuable elsewhere. I regularly see affidavits for search warrants seeking wholesale seizure of home computers, cell phones, and security system DVRs without regard to there being any realistic possibility there is anything of evidentiary value on them. Yet, many police officers seek wholesale seizure of electronics just because they think they can.<\/p>\n","protected":false},"excerpt":{"rendered":"

There was an alleged domestic assault at defendant\u2019s home. There was reason to believe the home security system and his cell phone would have evidence of it in an audio recording. He could also access the security system with his … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,7],"tags":[],"class_list":["post-23737","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-overbreadth"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23737","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=23737"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23737\/revisions"}],"predecessor-version":[{"id":23738,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23737\/revisions\/23738"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23737"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23737"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23737"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}