{"id":64162,"date":"2026-06-01T06:53:13","date_gmt":"2026-06-01T11:53:13","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64162"},"modified":"2026-06-01T06:53:13","modified_gmt":"2026-06-01T11:53:13","slug":"vi-despite-ubiquity-of-cell-phones-nexus-has-to-be-shown-to-alleged-crime","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=64162","title":{"rendered":"VI: Despite ubiquity of cell phones, nexus has to be shown to alleged crime"},"content":{"rendered":"\n

The suppression of the cell phone is affirmed. The telephonic warrant omitted to mention what it was that the police were seizing. The ubiquity of cell phones isn\u2019t carte blanche to seize any cell phone in a defendant\u2019s possession. There has to be nexus between it and the offense being investigated, and that\u2019s not shown here. People v. Matthew<\/a>, 2026 VI 9 (May 28, 2026).<\/p>\n\n\n\n

Defendant was a passenger in a car lawfully stopped. He has standing to challenge his stop, but not that of the others, and he has standing to the seizure of his cell phone, not the other five found in the car. United States v. Arnold, 2026 U.S. App. LEXIS 15545 (6th Cir. May 29, 2026).*<\/p>\n\n\n\n

The warrant for records is claimed to be overbroad, but it\u2019s limited by the crimes under investigation. United States v. Andrixon, 2026 U.S. Dist. LEXIS 118482 (S.D.N.Y. May 29, 2026).*<\/p>\n\n\n\n

Defendant\u2019s stop for a license plate frame that covered part of the LPN was reasonable. Shining a flashlight into the car the officer thought he saw a baggie of drugs, and that was reasonable suspicion to call for a drug dog. People v. Brooks, 2026 NYLJ LEXIS 854 (Tomkins Co. May 29, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The suppression of the cell phone is affirmed. The telephonic warrant omitted to mention what it was that the police were seizing. The ubiquity of cell phones isn\u2019t carte blanche to seize any cell phone in a defendant\u2019s possession. There … 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":[5,38],"tags":[],"class_list":["post-64162","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-nexus"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64162","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=64162"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64162\/revisions"}],"predecessor-version":[{"id":64163,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64162\/revisions\/64163"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64162"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64162"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64162"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}