Commonwealth v. Hernandez

(concurring, with whom Duffly and Hines, JJ., join). I agree with the court’s conclusion that a search warrant may issue for the defendant’s cellular telephone pursuant to G. L. c. 276, § 1, to the extent that the procedure employed “recogniz[es] the inherent privileges associated with a search of a law firm” and ‘“eliminates the need for law enforcement officials to rummage through the [firm’s] files.” Ante at note 14. I write separately to underscore two points.

First, the court concludes that Rankin & Sultan’s continued retention of the telephone, beyond a period ‘“reasonably necessary for…