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MA: Cellphone was an "implement" for distribution of drugs that could be seized under a search warrant

By John Wesley Hall, Jr.

During execution of a search warrant, “a cellular telephone was ... an ‘implement[ ] ... related to the illegal possession ... or distribution of cocaine,’” where the affidavit also talked about the use of communication devices, so it could be seized under the warrant. Answering a call that came in just after it was seized was not unreasonable. Commonwealth v. Depina, 2009 Mass. App. LEXIS 1482 (December 8, 2009). Just saying “steroids” in an affidavit for a search warrant was not insufficient because state law showed that injectable drugs were controlled. Commonwealth v. Takvorian, 2009 Mass. App. LEXIS 1481 (December 7, 2009).* Undercover officers went to a crack addict an asked where they could by crack, and he told them defendant’s apartment...continue to full post

Full post as published by Fourth Amendment on December 12, 2009 (boomark / email).