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Experience and Search Warrants

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by: Ryan Scott • October 1, 2016 • no comments

Remember in the post immediately preceding this one, I suggested that additional language on the affiant's experience won't be enough to get to all the parts of the cell phone that the police can't get to in light of St v Mansor?

If that argument appeals to you, go here. Key quote:

We conclude that probable cause to search or seize a person’s cellular telephone may not be based solely on an officer’s opinion that the device is likely to contain evidence of the crime under investigation and, accordingly, that the seizure here was not supported by probable cause. We separately conclude also that, in these circumstances, the Commonwealth has not, in any event, met its burden of demonstrating that the delay of sixty-eight days between the seizure and the application for a search warrant was reasonable. We therefore affirm the Superior Court judge’s order allowing the defendant’s motion to suppress.