No. 11-1863.

675 F.3d 1029 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Joshua BURGARD, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 2, 2012.

Attorney(s) appearing for the Case

Michael Jude Quinley (argued), Attorney, Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellee.

Todd M. Schultz (argued), Attorney, Office of the Federal Public Defender, East St. Louis, IL, for Defendant-Appellant.

Before WOOD, TINDER, and HAMILTON, Circuit Judges.

WOOD, Circuit Judge.

Expecting to find evidence of child pornography, police officers seized Joshua Burgard's cell phone without a warrant. At that point, however, they seemed to have lost their sense of urgency: they did nothing with the phone right away and allowed six days to elapse before they applied for a search warrant. Once they had the warrant in hand, they searched the phone and, as anticipated, they found sexually explicit images of underage girls. Burgard...

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