Page:United States v. Morton (19-10842) (2021) Opinion.pdf/7

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described items are to be found in a particular place.”^[1] Wayne R. LaFave, 2 Search & Seizure § 4.5 (6th ed. 2020).

Here, this observation means that the facts as alleged in Trooper Blue’s affidavits must raise a “fair probability” or a “substantial chance” that evidence relevant to Morton’s crime—that is, simple drug possession—will be found in each place to be searched: his contacts, his call logs, his text messages, and his photographs. There must be a specific factual basis in the affidavit that connects each cellphone feature to be searched to the drug possession crimes with which Morton was initially charged.

III.

A.

The affidavits successfully establish probable cause to search Morton’s contacts, call logs, and text messages for evidence of drug possession. In attesting that probable cause exists, officers may rely on their experience, training, and all the facts available to them. Ornelas v. United States, 517 U.S. 690, 700 (1996); United States v. Escamilla, 852 F.3d 474, 481

↑ This requirement is especially important in the context of searches of digital devices that contain so much content. See, e.g., Adam M. Gershowitz, The Post-Riley Search Warrant: Search Protocols and Particularity in Cell Phone Searches, 69 Vand. L. Rev. 585, 597–600 (2016); id. at 609 (noting that in drug cases, warrants frequently “authorize searches for photos and videos [on phones] … for which there is typically no probable cause”); Andrew D. Huynh, Note, What Comes After “Get A Warrant”: Balancing Particularity and Practicality in Mobile Device Search Warrants Post-Riley, 101 Cornell L. Rev. 187, 190 (2015) (“The Court's lengthy discussion about the amount of personal information accessible on a modern mobile device suggests that a search warrant’s particularity may be the next subject for scrutiny.”); William Clark, Protecting the Privacies of Digital Life: Riley v. California, the Fourth Amendment's Particularity Requirement, and Search Protocols for Cell Phone Search Warrants, 56 B.C. L. Rev. 1981, 1984 (2015) (“As the U.S. Supreme Court held in Riley, to allow the police unguided review of the entire contents of a cell phone when executing a search warrant would authorize the exact type of general warrants that the Fourth Amendment forbids.”).

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[1] This requirement is especially important in the context of searches of digital devices that contain so much content. See, e.g., Adam M. Gershowitz, The Post-Riley Search Warrant: Search Protocols and Particularity in Cell Phone Searches, 69 Vand. L. Rev. 585, 597–600 (2016); id. at 609 (noting that in drug cases, warrants frequently “authorize searches for photos and videos [on phones] … for which there is typically no probable cause”); Andrew D. Huynh, Note, What Comes After “Get A Warrant”: Balancing Particularity and Practicality in Mobile Device Search Warrants Post-Riley, 101 Cornell L. Rev. 187, 190 (2015) (“The Court's lengthy discussion about the amount of personal information accessible on a modern mobile device suggests that a search warrant’s particularity may be the next subject for scrutiny.”); William Clark, Protecting the Privacies of Digital Life: Riley v. California, the Fourth Amendment's Particularity Requirement, and Search Protocols for Cell Phone Search Warrants, 56 B.C. L. Rev. 1981, 1984 (2015) (“As the U.S. Supreme Court held in Riley, to allow the police unguided review of the entire contents of a cell phone when executing a search warrant would authorize the exact type of general warrants that the Fourth Amendment forbids.”).

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