So, AB will give his phone, with a specific type of search warrant. It sounds like to me, that he wants any messages to his wife excluded, because they were probably love letters.
The search warrant can't be general for dates of shooting, but specify exactly what the police are looking for, to whom, and what parameters. That is tricky now. With electronic data.
It is not unlike a search warrant for a home, the police have to specify what they are searching for. I can see the parallels and logic.
I think two ways about this:
1. If you have nothing to hide, hand it over.
2. The police could find something, that AB doesn't think is important, but are clues to creating a case against AB, in which case, limiting what the police can look for is smart.
JMO, his request sounds very reasonable. This is new territory for constitutional right and search warrants for cell phones. We've all followed cases here a long time and we know how search warrants work. This isn't rocket science.
Investigators have to demonstrate to a judge there's reason to think a person has information that will help with the investigation. They have rules that require them to list the items or kind of information they'll be looking for and why they're relevant. Investigators are no longer allowed to go to someone's home or office and seize all their possessions, etc. unless there's a reason. Why should a cell phone be any different? Any information on Baldwin's phone that isn't relative to the investigation should not be copied or downloaded, nor should any of that personal/immaterial information be shared with strangers, the news media, etc.
It's pretty basic advice to any American citizen that they shouldn't allow a member of LE to search their home, car, etc. without a warrant. LE should never ask a citizen to submit to a search of their personal property without one.
Search Warrant
Baldwin isn't suspected of terrorism, so his rights regarding the Fourth Amendment should apply. There shouldn't be an exception just because he's a celebrity. LE should not be allowed to download, access, use or share any information on his (or any American's) cell phone that isn't relevant to the investigation. They certainly shouldn't share data with the news media, tabloids, friends, political operatives or crazy groups on social media.
That's just advice I remember learning back in the days of college campus demonstrations, etc. Never let any LE search your room, home, car, etc. without a warrant. Be nice, polite and friendly, but say no. If they com to your home or apartment, step out on your porch and close the door behind you. Don't let them in and don't let them search without a warrant. Be polite.
In looking at the link above, when it comes to searching for Electronic Data, these days Rule 41 applies. That rule says if someone is suspected of being a terrorist, all the information in their phone can be downloaded during a search and examined later. When someone isn't accused of being a terrorist, JMO, the search should follow the same rules as any other item taken under a search warrant.
Sounds like the investigators are working with Baldwin's attorney to review the data on his phone in order to download the relevant data that pertains to the SW. Police should not be publicly complaining about this nor talking about it to the news media. That's very unprofessional. I've been to New Mexico before, but if this is the way they do things there, I probably won't go again.
JMO IANAL
