Whether an affidavit in support of a search warrant that contains neither specific allegations that a burglary suspect's cell phone data contain evidence of that crime nor an affiant's statement of belief or experience that the cell phone data of burglars typically contain such evidence can establish a nexus between the data and the suspected crime sufficient to generate probable cause to search that data

QUESTION PRESENTED The Maine Supreme Judicial Court recently held that an affidavit in support of a search warrant establishing probable cause both that a defendant has been involved in a multi-perpetrator burglary and owns a cell phone necessarily sets forth a substantial basis for concluding that a search of the data from that cell phone would uncover evidence of the defendant’s suspected criminal activity. The question presented is: Whether an affidavit in support of a search warrant that contains neither specific allegations that a burglary suspect’s cell phone data contain evidence of that crime nor an affiant’s statement of belief or experience that the cell phone data of burglars typically contain such evidence can establish a nexus between the data and the suspected crime sufficient to generate probable cause to search that data.