![]() Affiants approached the front door of Apt 2D and smelled a strong odor of burning marijuana coming from inside of the apartment and could hear individuals moving inside of Apt 2D. The call stated that shots were fired inside of 2143 Rhine St. ![]() Your Affiant has based the facts for this search warrant on the following: On 11/23/14 at 0243 hours your affiants received a 911 dispatch call where the complainant wished to remain anonymous. Samsung flip cellular phone, (Model SPH-M270), black in color, but not limited to the cell phone number that is connected to these cell phones and the security numbers used to secure the phones, direct connect numbers, carrier IP number, voice mail, text messages (SMS) and the phone numbers associated with these cell phone numbers, picture(s) messages (MMS) and the phone numbers associated with those pictures, any and all internet history and IP address, and phone book and/or contact list and listed incoming and all missed calls, i.e. This search warrant is to obtain all information stored in the body of these cellular phones: Exhibit B-Apple iPhone Cellular phone, Model A1586, (FCC ID:BCG-E2816A) (IMEI:354432060723845), black and gray in color. Affiant Marabello has worked jointly in narcotics investigations with other agencies including the DEA, FBI, Pennsylvania State Attorney's General Office, and the Allegheny County Police Narcotic's Unit. In addition to standard state mandated police training your affiant has received additional training in narcotics including DEA Narcotics Investigation Course, PA Attorney General's Top Gun Narcotics Investigation Course, as well as other courses related to narcotics investigations. These individuals have provided your affiants with detailed information concerning how illegal narcotics are sold and used. Affiant Marabello has extensively interviewed hundreds of individuals involved in selling or using illegal narcotics. Affiant Marabello has also been involved in, or supervised hundreds of controlled purchases of illegal narcotics. Affiant Marabello has been involved in over three hundred undercover purchases of illegal narcotics with your affiant purchasing drugs hand to hand from drug dealers. Affiant Marabello has been assigned to the Narcotics and Vice Unit since September of 2006 to November of 2013. Affiant Marabello has been a police officer since 1991 and a police officer for the City of Pittsburgh since May of 2000. Affiant Black has made numerous arrests for firearms and controlled substances. Affiant Black has been a police officer with the City of Pittsburgh since July of 2011 and assigned to Zone 1 since June 2012. According to the affidavit, a probable cause belief to search appellant's cell phone was based upon the following facts and circumstances: Your affiants are members of the Pittsburgh Bureau of Police currently assigned as patrol officers in Zone 1. We therefore set forth the relevant aspects of the application for search warrant and its accompanying affidavit of probable cause, starting with the latter. he issuing authority, in determining whether probable cause has been established, may not consider any evidence out-side the affidavits."). 203(B) ("No search warrant shall issue but upon probable cause supported by one or more affidavits sworn to before the issuing authority. The nature of the present challenge by appellant Lavelle Johnson necessarily restricts our review to only those documents that informed the issuing authority's decision to authorize the search warrant. But, as it turns out, our task in this case is less complicated than the question suggests, because we conclude the search warrant was so lacking in probable cause that it failed to justify any search of appellant's cell phone. We granted discretionary review in this case of first impression to consider an issue that is not so simple: the permissible scope of such a warrant, under Article I, Section 8 of the Pennsylvania Constitution, to search an individual's cell phone for evidence relating to illegal narcotics activity and firearms possession. ![]() We recently explained that, where law enforcement seeks to search a cell phone seized incident to arrest, the applicable rule is "exceedingly simple. OPINION ANNOUNCING THE JUDGMENT OF THE COURT
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