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Articles Posted in 4th Amendment and Cell Phone Searches

Does a Defendant Have Standing to Challenge a Warrantless Search of a Co-Defendant’s Cellphone?

   The Massachusetts Supreme Judicial Court will hear oral arguments in a case on November 2nd addressing who has standing to challenge the illegal search of a phone.  Does a person sending a text message have standing to challenge the illegal search of a phone.

This issue came up in the case of Commonwealth v. Delgado-Rivera.  This case is on appeal from Superior Court allowing a Motion to Suppress on behalf of Mr. Jorge Delgado-Rivera. The issue in this case is whether the trial court erred in ruling that Mr. Delgado-Rivera has standing to challenge a warrantless search of a Co-Defendant’s cellphone on the grounds that Mr. Delgado-Rivera had sent the Co-Defendant text messages.  Standing means does a person have a right to have the court hear their claim that their 4th Amendment rights were violated.  Simply put, this means did the person have a expectation of privacy that society deems reasonable.  This case is very important as more and more information is shared over technology.

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