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Expectation of privacy in cellphone data, but search was consented to

By John Wesley Hall, Jr.

USMJ finds that the defendant consented to a search of his cellphone for data. One has an expectation of privacy in the data in his or her cellphone. United States v. James, 2008 U.S. Dist. LEXIS 29840 (E.D. Mo. March 4, 2008).* "An officer stopped Cullars's vehicle for violating a noise ordinance, and during the stop, officers observed Cullars reach into the backseat of the car to obtain a shiny plastic object, which Cullers refused to relinquish. We find no clear error in the district court's determination that the officer had reasonable suspicion to seize the object from Cullars's hand based on Cullars's suspicious movements, Cullars's response to the officer's questions regarding the object in his hand, and the officer's belief that the object in Cullars's hand could be a weapon...continue to full post

Full post as published by Fourth Amendment on April 15, 2008 (boomark / email).