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S.D.Ga.: Cell phone search was invalid, but did not change outcome

By John Wesley Hall, Jr.

The search of defendant’s cell phone for text messages relating to a possible drug transaction that day was unreasonable under the Fourth Amendment [with no detailed cell phone analysis; just applying basic principles], but excising that information from the search warrant affidavit did not change the outcome and the search warrant was still valid. United States v. Sams, 2010 U.S. Dist. LEXIS 73358 (S.D. Ga. June 29, 2010): The undersigned recognizes Scott's testimony that cell phones are commonly used communications devices, particularly in situations involving criminal activity. However, the undersigned does not find that Scott's searches of Washington's cell phone--either at the time of her arrest, or later, when Scott was at the station house--fit within an exception to the warrant requirement...continue to full post

Full post as published by Fourth Amendment on July 23, 2010 (boomark / email).