{"id":44701,"date":"2020-07-26T12:56:38","date_gmt":"2020-07-26T17:56:38","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=44701"},"modified":"2020-07-26T12:56:38","modified_gmt":"2020-07-26T17:56:38","slug":"nm-sw-time-limit-to-execute-cell-phone-sw-is-from-initial-seizure-not-the-download","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=44701","title":{"rendered":"NM: SW time limit to execute cell phone SW is from initial seizure, not the download"},"content":{"rendered":"\n<p>\u201c[W]hen a warrant is issued to search an electronic device, that warrant is executed when the device is seized or the data is copied on-site, which must occur within Rule 5-211(C)&#8217;s ten-day time limit. Rule 5-211(C)&#8217;s ten-day time limit applies only to the seizure of the device and not any subsequent data extraction or review. Because Sanchez&#8217;s cell phone had already been seized by the police when the police obtained the warrant to search the phone, it was not a violation of Rule 5-211(C) for the police to successfully unlock the phone and extract its contents after the ten-day time limitation in the rule. Accordingly, we reverse the district court&#8217;s suppression of the evidence obtained from the cell phone.\u201d <a href=\"https:\/\/nmonesource.com\/nmos\/nmsc\/en\/item\/482759\/index.do\">State v. Sanchez<\/a>, 2020 N.M. LEXIS 21 (July 23, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201c[W]hen a warrant is issued to search an electronic device, that warrant is executed when the device is seized or the data is copied on-site, which must occur within Rule 5-211(C)&#8217;s ten-day time limit. Rule 5-211(C)&#8217;s ten-day time limit applies &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=44701\">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":[5,16],"tags":[],"class_list":["post-44701","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44701","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=44701"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44701\/revisions"}],"predecessor-version":[{"id":44702,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44701\/revisions\/44702"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44701"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44701"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44701"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}