Lustig

ORDER DENTING MOTIONS TO SUPPRESS AND MOTION TO DISMISS

Now before the Court are Defendant’s motions filed Dec. 31, 2013. Argument was heard on January 21, and February 18, 2014. The government filed a supplemental brief on January 31, 2014. Defendant filed supplemental briefs on February 18, February 19, February 26, and March 11, 2014. Defendant’s motion to suppress cell phone evidence is denied. Defendant’s motion to dismiss the indictment is denied. Defendant’s motion to suppress Yahoo.com email evidence is denied. Defendant’s motion to suppress Craigslist.com evidence is denied.

I. CELL PHONE EVIDENCE

In June 2012, Lustig was arrested by San Diego County Sheriff deputies at a hotel for soliciting prostitution. At the time of his arrest, Lustig had cell phones in his pockets (“the pocket phones”) and in the armrest of his car (“the car phones”). *812 During the arrest, deputies found two cell phones in his pockets and car keys. One phone was an Apple iPhone; one was a Kyocera flip phone. Having found the pocket phones, deputies then searched the contents of the phones. Lustig moves to suppress any evidence discovered during the search of the phones found in his pockets.…