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United States v. Yudong Zhu
Citations: 41 F. Supp. 3d 341; 2014 WL 4229948Docket: No. 13 Cr. 761
Court: District Court, S.D. New York; August 18, 2014; Federal District Court
The Court previously denied Yudong Zhu's motion to suppress evidence obtained from his laptop, ruling that New York University provided valid third-party consent for the FBI to search it without a warrant. Zhu's current motion for reconsideration cites the Supreme Court's decision in *Riley v. California* as an intervening change in law that warrants a reevaluation of the earlier decision. The Government opposed this motion, and Zhu submitted a reply. The Court denied Zhu's motion for reconsideration, emphasizing that such motions are rare and intended to address substantial changes in law, new evidence, or clear errors in prior decisions. The standards for reconsideration, as outlined by relevant case law, stipulate that a successful motion must present overlooked controlling law or facts that could alter the original ruling. The *Riley* decision established that the "search incident to lawful arrest" exception does not justify warrantless searches of cell phone contents due to the lack of direct governmental interests related to officer safety and evidence preservation concerning digital data. The Court evaluated the privacy interests of a defendant regarding the contents of a cell phone versus other items typically found on an arrestee, concluding that the extensive personal information on a cell phone significantly outweighs the privacy concerns associated with a cigarette pack, wallet, or purse. Consequently, the Court determined that cell phones cannot be searched incident to arrest without a warrant due to the substantial privacy interests involved and the weaker governmental interests in conducting such searches. However, the holding from *Riley* does not apply to Zhu's case, as Zhu's laptop was searched without a warrant under the “third-party consent” exception, differing from the “search incident to lawful arrest” exception addressed in *Riley*. Although Zhu argued that the privacy interests in laptop information are akin to those in cell phone data, the two exceptions are based on different rationales. The “search incident to lawful arrest” exception is justified by government interests in officer safety and evidence preservation, which the *Riley* Court deemed insufficient for cell phone data. In contrast, the “third-party consent” exception allows for warrantless searches when a third party with sufficient authority consents. As Zhu did not present any intervening change in law that the Court overlooked, his motion for reconsideration was denied. The Court’s order denying Zhu’s motion is documented as *United States v. Zhu*, 23 F.Supp.3d 234 (S.D.N.Y. May 27, 2014).