CELL PHONE SEARCH WARRANT ROADMAP

1) Were the Affidavit and Warrant submitted by reliable electronic means? If

yes, continue, if not STOP and DENY.

2) Does the Affidavit bear the affiant's signature, or electronic signature if the

application was submitted electronically? If yes, continue, if not STOP and DENY.

3) Is the Affidavit supported by an oath or affirmation administered by the

Judge or other person authorized by law to administer oaths? If yes Continue, if

not STOP and DENY.

4) Does the agency submitting the Affidavit and Warrant have Jurisdiction of

the place to be searched? If yes, continue, if not STOP and DENY.

5) Is the property to be searched described with enough particularity so as

there will be no confusion of what is to be searched? If yes, continue, if not STOP

and DENY.

6) Is the property/prospective evidence that is being searched for set forth

with PARTICULARITY? If yes, continue, if not STOP and DENY.

7) Is there a NEXUS between the crime alleged, the property to be searched

and why they expect to find the specific evidence at or on the specific device?

This can not be some version of “we know people use phones and based upon

training and experience people store things on their phone”. Or that “based upon

my training and experience suspects use phones to plan and coordinate criminal

acts”. Or “searching the suspects phone will allow us to develop a list of possible

other suspects involved”.

Probable Cause is required to search a particular device for particular evidence of

a particular alleged crime establishing that it is more probable than not to find the

specific evidence to be found on the specific device.

General Warrants are fishing expeditions and unconstitutional.

If there is no Probable Cause to establish the Crime and that the Specific

Evidence may be found on the specific device STOP and DENY. If such Nexus

exists Sign the Warrant.