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Carjacker’s Use Of Uncle’s Phone Implicates Businesses’ Rights

Publisher: Law360
October 7, 2015
Day Pitney Author(s) Daniel E. Wenner

Dan Wenner and Kenton Atta-Krah wrote an article, “Carjacker’s Use Of Uncle’s Phone Implicates Businesses’ Rights,” for Law360. The article analyzes the significance of the case United States v. Scott, which involved a defendant indicted for making a false statement to law enforcement about whether he possessed a mobile phone used by a suspected carjacker. Scott had given the phone to his nephew, who was the one using it. In rejecting Scott’s motions to suppress the evidence seized from the phone, the court held that without more, the “subscriber” of a mobile phone given to a third party lacks standing to challenge the admission of evidence taken from the phone. The significance of the court’s ruling might implicate businesses that provide mobile phones to employees.

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