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and another officer came across sexually explicit probable cause” that the officers’ reliance on it was
images of children. The officers then sought and “entirely unreasonable.”
received another set of warrants to further search To determine if there were indicia of probable
the phones for child pornography, ultimately cause, the reviewing court will usually be required
finding 19,270 images of sexually exploited to look at the affidavit supporting the warrant, but,
minors. The government then indicted Morton for even so, all of the circumstances surrounding the
a violation of 18 U.S.C. § 2252(a)(2) for the child warrant’s issuance may be considered. Affidavits
pornography found on his three cellphones. The must raise a “fair probability” or a “substantial
subject of drugs had vaporized. In pretrial chance” that criminal evidence will be found in the
proceedings, Morton moved to suppress this place to be searched for there to be probable cause.
pornographic evidence. He argued that the Here, as suggested by this court’s precedent,
affidavits in support of the first set of warrants we turn to Trooper Blue’s affidavits supporting the
failed to establish probable cause to search for his search warrants. The affidavits seek approval to
additional criminal drug activity. The government search Morton’s contacts, call logs, text messages,
responded by stating that the warrants were and photographs for evidence of his drug
supported by probable cause and, if not, then the possession crimes. As the government properly
good faith exception to the exclusionary rule conceded at oral argument,2 separate probable
should apply. The district court ruled in favor of cause is required to search each of the categories
the government, and Morton later pled guilty to the of information found on the cellphones. Although
child pornography charge while reserving his right “[t]reating a cell phone as a container . . . is a bit
to appeal the district court’s suppression decision. strained,” the Supreme Court has explained that
He was sentenced to nine years in prison, and this cellphones do “collect[] in one place many distinct
appeal of the suppression ruling followed. types of information.” And the Court’s opinion in
First, we decide whether the good faith Riley went to great lengths to explain the range of
exception should apply. If the good faith exception possible types of information contained on
applies, then no further inquiry is required. If the cellphones.
good faith exception does not apply, we proceed to Riley made clear that these distinct types of
a second step of analysis, in which we review information, often stored in different components
whether the issuing judge had a substantial basis of the phone, should be analyzed separately. This
for determining that probable cause existed. requirement is imposed because “a cell phone’s
The good faith exception to the suppression of capacity allows even just one type of information
evidence obtained in violation of the Fourth to convey far more than previously possible.” Just
Amendment arises when an officer’s reliance on a by looking at one category of information—for
defective search warrant is “objectively example, “a thousand photographs labeled with
reasonable.” In such a case, the evidence obtained dates, locations, and descriptions” or “a record of
from the search “will not be excluded.” This court all [a defendant’s] communications . . . as would
has decided that the good faith exception applies routinely be kept on a phone”—“the sum of an
to most searches undertaken pursuant to a warrant individual’s private life can be reconstructed.” In
unless one of the four situations enumerated in short, Riley rejected the premise that permitting a
Leon removes the warrant from the exception’s search of all content on a cellphone is “materially
protection. Only one of these “exceptions to the indistinguishable” from other types of searches.
good faith exception” is relevant here: Morton Absent unusual circumstances, probable cause is
alleges that the warrant “so lack[ed] indicia of required to search each category of content.

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