United States v. Lopez-Cruz, No. 11-50551 (9-12-13) (Reinhardt with Canby and Wardlaw).

Make sure Katz is on speed dial. In an interesting, and important, opinion, the 9th holds that a there is an expectation of privacy when a phone rings, and an agent, having consensually taken the phone from a defendant, answers it when it unexpectedly rings, and impersonates the owner. That is what happened here. The agent was investigating possible alien smuggling. He stopped the defendant, noticed two cell phones, and asked if he could search them. The phone than rang, and fellow smugglers were on the other end. The 9th affirmed the district court's suppression of the statements and calls. The 9th held there was an expectation of privacy; the consent was limited to a search and not to answering; and the defendant had standing.