United States v. Griffith, No. 13-3061 (D.C. Cir. 2017)Annotate this Case
The fact that most people now carry a cell phone was not enough to justify an intrusive search of a place lying at the center of the Fourth Amendment's protections—a home—for any phone defendant might own. Defendant appealed the district court's denial of his motion to suppress evidence after he was convicted of unlawful possession of a firearm by a convicted felon. Although the warrant authorized officers to search for and seize all cell phones and other electronic devices in defendant's residence, the supporting affidavit offered almost no reason to suspect that defendant in fact owned a cell phone, or that any phone or other device containing incriminating information would be found in his apartment. The DC Circuit vacated defendant's conviction and held that the warrant to search defendant's residence was unsupported by probable cause and rejected the government's arguments that, even if the warrant was invalid, the firearm still need not have been excluded from the evidence against him.