{"id":57604,"date":"2024-04-15T11:22:42","date_gmt":"2024-04-15T16:22:42","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57604"},"modified":"2024-04-15T11:22:42","modified_gmt":"2024-04-15T16:22:42","slug":"tx2-no-sw-needed-to-get-imei-number-of-an-abandoned-cell-phone-to-trace-the-owner","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57604","title":{"rendered":"TX2: No SW needed to get IMEI number of an abandoned cell phone to trace the owner"},"content":{"rendered":"\n

\u201cOfficers may open a cell phone abandoned at a crime scene to view non-electronic identifying information, such as the phone’s international mobile equipment identification (IMEI) number, and then use that identifying information to obtain a search warrant for the phone’s digital data. \u2026 Police linked Appellant Cesar Martinez to an abandoned cell phone after obtaining the phone’s IMEI number and then using it to apply for a search warrant of the phone’s digital data. The phone’s digital data, in addition to other evidence, led to Martinez’s convictions by a jury in four cases of aggravated robbery, as well as\u2014in one of the four cases\u2014burglary of a habitation with intent to commit robbery and impersonating a public servant.\u201d Affirmed. Martinez v. State<\/a>, 2024 Tex. App. LEXIS 2544 (Tex. App. \u2013 Ft. Worth Apr. 11, 2024).<\/p>\n\n\n\n

\u201cRogers failed to meet his \u2018burden of establishing his standing\u2019 to challenge the search \u2026 because he never exhibited a subjective expectation of privacy. He was neither owner nor driver of the vehicle. Police found Rogers\u2014without a driver’s license\u2014in the passenger seat of his girlfriend’s car. And he never showed he had \u2018complete dominion and control\u2019 over the car. Rakas, 439 U.S. at 149 (distinguishing Jones v. United States, 362 U.S. 257, 259, 80 S. Ct. 725, 4 L. Ed. 2d 697 (1960)).\u201d The court distinguished cases where the passenger was in on procuring the car. United States v. Rogers, 2024 U.S. App. LEXIS 8604 (6th Cir. Apr. 10, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cOfficers may open a cell phone abandoned at a crime scene to view non-electronic identifying information, such as the phone’s international mobile equipment identification (IMEI) number, and then use that identifying information to obtain a search warrant for the phone’s … 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":[48,5,34],"tags":[],"class_list":["post-57604","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-cell-phones","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57604","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=57604"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57604\/revisions"}],"predecessor-version":[{"id":57605,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57604\/revisions\/57605"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57604"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57604"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57604"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}