Timely searches?
Courts tell law enforcement that delayed applications for warrants to search cell phones will be denied
Seen on FourthAmendment.com, a decision from the Eastern District of New York:
“The government seeks a warrant to search two cellular phones that have been in its possession for more than two months since the time to execute a prior search warrant lapsed. In United States v. Smith, 967 F.3d 198 (2d Cir. 2020), the Second Circuit held that a delay of less than half that length violated the Fourth Amendment. Smith stated and clarified principles by which to determine when law enforcement’s delay in seeking a warrant to search a seized personal electronic storage and communication device make the retention and search of that device unreasonable and therefore unconstitutional under the Fourth Amendment. 967 F.3d at 213. Applying those principles, I conclude that the warrant application must be denied.” In re Application for Search Warrant for Two Cellular Phones, 2026 U.S. Dist. LEXIS 169896 (E.D.N.Y. July 27, 2026).
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