Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

People v. Gaynor

Search and Seizure of Phone Using Data and Geolocation Deemed Valid, Court Rules

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER Defendant Barrington Gaynor is charged with attempted murder in the second degree for allegedly shooting at an employee of the Dubai Exotic Smoke Shop on October 16, 2022. At the time of defendant’s arrest two days later, on October 18, 2022, the police recovered a red Apple iPhone from his person. Defendant now moves to controvert a search warrant for data obtained through location-based services, geolocation information, and the contact list stored in his cell phone, which this court authorized on June 8, 2023, and to suppress the fruits of that search. In support of his motion, defendant argues that the warrant was not supported by probable cause, and that it was overbroad and lacked specificity. This decision considers whether the search warrant was properly issued. The court has reviewed unredacted copies of the search warrant and the sworn affidavit of Detective Edwin Santiago. Probable Cause Defendant raises one specific challenge to the probable cause for the cell phone location data warrant. He contends that Detective Santiago’s affidavit failed to establish a “sufficient nexus” between his cell phone and the alleged shooting. Specifically, defendant argues that nothing in the warrant application demonstrates that he was holding or using his cell phone at the time of the offense, and that “[w]ithout any evidence of use, it is improbable that there was a creation of any electronic data” (Def Mot at

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›
Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
Go to Lawjobs