United States v. Flores-Lopez

Law enforcement authorities believed that defendant was a supplier of illegal drugs to another dealer, Cabrera, who was selling to a paid police informant. The informant, after ordering a pound of methamphetamine from Cabrera, overheard a phone conversation between Cabrera and defendant in which defendant said he would deliver the meth to a garage. Police were listening remotely and arrested Cabrera and defendant at the garage after they carried meth from a truck into the garage. Officers searched defendant and seized a cell phone, searched his truck and seized two more. Defendant denied ownership of the phones in the truck. Officers obtained the phone number, subpoenaed records, and used the call history of the phone found on defendant's person as evidence. The Seventh Circuit affirmed, finding that officers did not "search" the phone, but were content with obtaining its number.