Possession of an unauthorized smartphone was a violation of defendant\u2019s probation and provided reasonable suspicion for a search of the phone. Aside from the legitimate reasons for having a smartphone, \u201c[c]onsidering that a smartphone is often used as an instrumentality of the very offense for which the Defendant was on probation, this knowledge rendered Gschlecht’s possession of such a device even more suspicious.\u201d United States v. Gschlecht, 2020 U.S. Dist. LEXIS 57963 (D. Conn. Apr. 2, 2020).<\/p>\n\n\n\n
There was probable cause for the search of cell phones and computers seized. Although not mentioned in the oral ruling, the good faith exception applies for a multitude of reasons. United States v. Cabrera, 2020 U.S. Dist. LEXIS 57751 (S.D. Fla. Mar. 2, 2020),* adopted, 2020 U.S. Dist. LEXIS 55789 (S.D. Fla. Mar. 30, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Possession of an unauthorized smartphone was a violation of defendant\u2019s probation and provided reasonable suspicion for a search of the phone. Aside from the legitimate reasons for having a smartphone, \u201c[c]onsidering that a smartphone is often used as an instrumentality … Continue reading