The search warrant for defendant\u2019s cell phone was issued in December 2024 for alleged crimes in April and May 2023. There was still probable cause despite the possibility that defendant had a different phone by then. The search was based on the number called, owned by defendant since 2021, and texted by co-defendants after the search of their phone records. United States v. Newton, 2026 U.S. Dist. LEXIS 105207 (M.D. Pa. May 13, 2026) (Essentially, this was a staleness argument because defendant could have had a different phone by the time of the search.):<\/p>\n\n\n\n\n\n\n\n
\nThe issue here is whether the search of Newton’s probable cause in that the information was reliably recent. Newton argues that the search warrant lacks probable cause because there is no “reason to believe in the warrant application that the cell phone possessed by Newton in December 2024 was the same used by Newton in the commission of criminal activity in April and May of 2023.” (Doc. 197, at 7). \u2026.<\/p>\n\n\n\n
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In reviewing the warrant application (Doc. 198), the Court finds substantial basis for the magistrate judge’s finding of probable cause for the search warrant. [Affidavit contents omitted.] On October 17, 2024, T-Mobile USA responded to a subpoena from the FBI provided that the suspect number has been active with the same subscriber since 2021. (Doc. 198, at 23). In light of this deferential standard for assessing warrants, the facts set out in the application support probable cause to search Newton’s cell phone. Riley, 573 U.S. at 401 (holding that a cell phone search requires a warrant and noting that “[c]ell phones have become important tools in facilitating coordination and communication among members of criminal enterprises, and can provide valuable incriminating information about dangerous criminals.”); see also United States v. Williams, 813 F. Supp. 3d 503, 524 (E.D. Pa. 2025) (noting that police officers “‘may not rely on the general ubiquitous presence of cellular telephones in daily life, or an inference that friends or associates most often communicate by cellular telephone, as a substitute for particularized information that a specific device contains evidence of a crime.'”) (citations omitted).<\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"
The search warrant for defendant\u2019s cell phone was issued in December 2024 for alleged crimes in April and May 2023. There was still probable cause despite the possibility that defendant had a different phone by then. The search was based … Continue reading