{"id":41058,"date":"2019-12-08T12:38:15","date_gmt":"2019-12-08T17:38:15","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41058"},"modified":"2019-12-08T15:28:09","modified_gmt":"2019-12-08T20:28:09","slug":"ny1-sw-for-cell-phone-overbroad-no-justification-for-searching-photographs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=41058","title":{"rendered":"NY1: SW for cell phone overbroad; no justification for searching photographs"},"content":{"rendered":"<p>The search warrant for the contents of defendant\u2019s cell phone was overbroad because there was no justification for the breadth of search. This was a sex abuse case, but there was never any indication defendant possessed child pornography on the phone. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2019\/2019_08772.htm\">People v Thompson<\/a>, 2019 NY Slip Op 08772, 2019 N.Y. App. Div. LEXIS 8777 (1st Dept. Dec. 5, 2019). [He was sentenced August 24, 2017 to 2\u00bd-5 years, and it took 2\u00bc years to decide the appeal. Another NY case posted a couple of years ago took four years from sentencing to appeal.] <\/p>\n<p>The trial court found that the tenants renting the property invited the police in and defendant lacked standing as a mere social visitor to object to the entry. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2019\/2019_08733.htm\">People v. Pitman<\/a>, 2019 NY Slip Op 08733, 2019 N.Y. App. Div. LEXIS 8810 (3d Dept. Dec. 5, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search warrant for the contents of defendant\u2019s cell phone was overbroad because there was no justification for the breadth of search. This was a sex abuse case, but there was never any indication defendant possessed child pornography on the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=41058\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[5,24,7],"tags":[],"class_list":["post-41058","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-consent","category-overbreadth"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41058","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=41058"}],"version-history":[{"count":5,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41058\/revisions"}],"predecessor-version":[{"id":41070,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41058\/revisions\/41070"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41058"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41058"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41058"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}