{"id":50063,"date":"2021-10-27T16:59:33","date_gmt":"2021-10-27T21:59:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50063"},"modified":"2021-10-28T07:35:00","modified_gmt":"2021-10-28T12:35:00","slug":"army-loaning-ones-phone-to-another-without-express-limitations-is-a-waiver-of-rep","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50063","title":{"rendered":"Army: Loaning one’s phone to another without express limitations is a waiver of REP"},"content":{"rendered":"\n

The military judge abused his discretion in concluding that defendant did not essentially waive all his reasonable expectation of privacy in his cell phone by loaning it to another person, including the passcode to open it. “Understandings” aren\u2019t enough; express limits are required. \u201cHowever, permitting a third party’s use of an electronic device requires that a person place express restrictions on its use or password protect those portions of the device for restricted access in order to prevent common authority over the device.\u201d United States v. Black<\/a>, 2021 CCA LEXIS 559 (Army Ct. Crim. App. Oct. 22, 2021) (unpublished).<\/p>\n\n\n\n

Probable cause wasn\u2019t necessarily \u201c\u2018a leap of logic\u2019 to conclude that evidence pertaining to any assaults [on his wife] would be found on appellant’s phone.\u201d There\u2019s reason why it could be reasonable to conclude that. Nevertheless, the good faith exception saves the warrant without even having to decide the probable cause and nexus questions. United States v. Colonrodriguez<\/a>, 2021 CCA LEXIS 560 (Army Ct. Crim. App. Oct. 22, 2021) (unpublished). {Sounds suspiciously like “the proof is in the pudding” rationale of the good faith exception.]<\/p>\n","protected":false},"excerpt":{"rendered":"

The military judge abused his discretion in concluding that defendant did not essentially waive all his reasonable expectation of privacy in his cell phone by loaning it to another person, including the passcode to open it. “Understandings” aren\u2019t enough; express … 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":[5,11,18],"tags":[],"class_list":["post-50063","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-good-faith-exception","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50063","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=50063"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50063\/revisions"}],"predecessor-version":[{"id":50070,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50063\/revisions\/50070"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50063"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50063"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50063"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}