Meiner

STATEMENT OF THE CASE

The underlying facts are not disputed. While investigating whether Meiner was stealing from an auto business by directing customers to send money to him rather than to the business, officers learned Meiner was on probation and had a probation officer. Officers then reviewed Meiner’s probation terms, which were provided by his probation officer. As part of probation, Meiner agreed to submit his person, residence, and electronic devices to search at any time with or without warrant, and with or without reasonable cause when required by his probation officer or law enforcement. In an attachment, the probation search terms were limited as follows: “Search authorization does not extend to medical/legal information, financial

2 accounts or transactions, or to any data created before the acceptance of this probation grant.” Officers then went to Meiner’s apartment, arrested him and seized his cell phone. After obtaining his cell phone password, officers searched the phone, including, as relevant to this matter, his Apple Pay account. A review of the Apple Pay account showed two linked debit cards, one with Chase and one with Credit One. Officers then obtained a…