@lucegirl, Harvard law article was interesting so thank you for the link. I still have to admit to being concerned for law enforcement trying to preserve evidence while also keeping themselves safe as the cell phone rules on seizure sure seem complex!
Not sure SCOTUS did anything with its ruling to either make the issue easier to understand or for law enforcement to execute but I guess practicalities aren’t really a priority of the Court so I guess we will deal with these seizure arguments as a matter of course.
I struggle with the issue of MT phone seizure in the context that allowing her to keep her phone imo virtually ensures her wiping it and deleting cloud account as her next step that night iirc at 4Jx was for she and FD to drive to litchfield which would have been 40 min she had outside the view of law enforcement to delete data and cloud and certainly destroy the phone if she wanted.
I know judge r tossed the mt phone based on privacy but it just seems that the entire situation when 4Jx was exigent. But I think the other issue was that there was over a week between when first warrant was approved and raid on 4jx so if CSP had simply reviewed the first warrant prior to or even at the raid that the new search warrant could have been obtained.
The 4Jx situation was somewhat different than FD phone being taken at NCPD as that was at the time of disappearance and police had evidence in garage to have them be suspicious of FD and the circumstances surrounding the disappearance too.
Moo