Tag Archives: cellphone

Spend 600 Months In Prison When Police Search Lost Cell Phone

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Search Warrant Cell Phone

Search of Lost Cell Phone

What Happens When Police Search Your Lost Cell Phone That Has Illegal Material On It?

 

The story begins in a Walmart in Florida. The owner lost their phone at Walmart. After he left the phone, it was found, and the owner agreed to pick it up from the store. The owner of the phone failed to pick the phone up from the store. The store manager looked at the phone in an effort to find a photo of the owner. When the manager found contraband on the phone, she called the cops – police search lost cell phone.

Search Warrant for an Abandoned Cell Phone

 

Police search lost cell phone – The cops waited 23 days to get a search warrant. A Florida Court ruled that this did not constitute an unreasonable delay to obtain a search warrant. First, the court found that the defendants had hoped the store manager would not report the materials found on the phone to the police. Second, the phone owner had filed an insurance claim and replaced the phone with the exact same model. The decision to not retrieve the phone from the store, coupled with the filing of an insurance claim, and replacing the phone with the same model constituted an abandonment of ownership of the phone. Search and seizure law requires that those who challenge a search and seizure must have standing to challenge the search. In this case, the phone owner had no standing to challenge the search, the phone and any rights the owner had to challenge the search and seizure were gone. The court also addressed the Private Search Doctrine that supports searches by citizens, that otherwise might be illegal if performed by the police or the government.

Sentenced to 600 Months in Federal Prison

 

By the way, the court found that a 600 month sentence for the materials found on the phone was just fine. The phone owner entered a written plea agreement and the sentence was a possible outcome that while it was as harsh as the judge could impose, it was within the terms of the plea agreement.

Case Excerpts

 

“When Vo [store manager] failed to meet Sparks [phone owner] with the phone as the two had previously agreed,  Defendants knew how to find Vo to get their phone back. But Defendants did not return to their Walmart store and look for Vo. Nor did they ask for Walmart’s assistance in obtaining their phone, found in its store, by its employee. They also did not file a report with Walmart or the police complaining that Vo would not return their phone, despite their requests. Instead, they made a conscious decision to stop pursuing the phone, even though they knew how to get it back with reasonable effort. That decision—whether because Defendants hoped that Vo would not report them if they did not continue to seek the phone or because Defendants simply thought recovery of the phone was not worth their reasonable effort—can be viewed only as a deliberate decision to abandon the phone. Because Defendants abandoned their phone within three days of having lost it, they lack standing to challenge law enforcement’s 23-day delay between recovering the phone and obtaining a search warrant to search it.”

The Private-Search Doctrine

 

“The Fourth Amendment provides that the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” U.S. Const. amend. IV. The protection the Fourth Amendment affords, however, extends to governmental action only; “it is wholly inapplicable ‘to a search or seizure, even an unreasonable one, effected by a private individual not acting as an agent of the Government or with the participation or knowledge of any governmental official.’” United States v. Jacobsen, 466 U.S. 109, 113, 104 S. Ct. 1652, 1656 (1984) (quoting Walter v. United States, 447 U.S. 649, 662, 100 S. Ct. 2395, 2404 (1980) (Blackmun, J., dissenting)). So once an individual’s expectation of privacy in particular information has been frustrated by a private individual, the Fourth Amendment does not prohibit law enforcement’s subsequent use of that information, even if obtained without a warrant. Id. at 116, 104 S. Ct. at 1656; see id. at 117, 104 S. Ct. at 1658-59.”

Read Complete Opinion Here: https://media.ca11.uscourts.gov/opinions/pub/files/201412143.pdf

Read More About Search And Seizure of A Cell Phone Here.

Read Even More About Search And Seizure of A CellPhone Here.

History of Cell Phone Searches

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Cell Phone Search Warrant

Cell Phone Search Warrant, Cell Phone Search, Search and Seizure
Search Warrant
Cell Phone

Cell Phone Search Warrant

Up until quite recently, there were exceptions to the general requirement that police get a Search Warrant for a cell phone. Cell phones have been a window into suspects’ activities, as police used these exceptions to get their hands on information found inside mobile devices. Obtaining a Search Warrant for a cell phone is not that hard to do. You can review a Search Warrant for a Cell Phone here:  Here is an actual iPhone Search Warrant . GPS or Global Positioning Satellite information found in mobile phones has also been used by police.

Up until around 2014, police could and did search digital information on a cell phone seized from an individual who was arrested. Defense Attorneys would frequently challenge such searches. These searches were frequently based upon “helping” arrested citizens by making sure their property was properly inventoried by the arresting officers for safekeeping by jail personnel or by the evidence unit at the arresting agency’s office. This rationale remains a frequent flier in broad invasive “inventory” searches of automobiles during traffic stops.

Cell Phone Search, Search and Seizure, Search Warrant

Cell Phone Search, Search and Seizure, Search Warrant

Cell Phone Search Warrant
Warrant Required
Mobile Devices
Florida had outlawed warrantless phone searches before the US Supreme Court. That ruling is discussed here. Now prohibited will be mobile device and cell phone searches without a warrant. Before the 2014 United States Supreme Court ruling here was another Court’s Ruling on a Cell Phone Search. Searches Incident to a lawful arrest were previously justified by cops using issues of police officer safety and prevention of destruction of evidence.
Now under Floridalaw, a Motion to Suppress Evidence can be filed pursuant to Rule 3.190(h), Florida Rules of Criminal Procedure. Illegal Search and seizure now applies to cell phones and the Courts may exclude illegally obtained evidence including, photographs, video, text messages, directory and location data, voice mails, and emails.

Case Summary: The US Supreme Court’s ruling is that a properly obtained and issued search warrant is generally required before search of a cell phone. Here is some language from the Court’s ruling.

“Cell phones differ in both a quantitative and a qualitative sense from other objects that might be kept on an arrestee’s person. The term “cell phone” is itself misleading shorthand; many of these devices are in fact minicomputers that also happen to have the capacity to be used as a telephone. They could just as easily be called cameras,video players, rolodexes, calendars, tape recorders, libraries, diaries, albums, televisions, maps, or newspapers.”
“The sum of an individual’s private life can be reconstructed through a thousand photographs labeledwith dates, locations, and descriptions; the same cannot besaid of a photograph or two of loved ones tucked into a wallet.”
“To further complicate the scope of the privacy interests at stake, the data a user views on many modern cell phones may not in fact be stored on the device itself. Treating a cell phone as a container whose contents may be searched incident to an arrest is a bit strained as an initial matter.”
“[T]he search incident to arrest exception does not apply to cell phones . . . .”

Some Excerpts from Florida Cell Phone Search Cases:

“However, we express great concern in permitting the officer to search appellant’s cell phone here where there was no indication the officer had reason to believe the cell phone contained evidence.”
“We are equally concerned that giving officers unbridled discretion to rummage through at will the entire contents of one’s cell phone, even where there is no basis for believing evidence of the crime of arrest will be found on the phone, creates a serious and recurring threat to the privacy of countless individuals.”