Does Consent to Search a Home Include Consent to Search Phones and Computers Located Inside?

Normally, the Fourth Amendment requires that police obtain a search warrant before officers may search a person’s phone or computer. But the person can waive his or her Fourth Amendment rights by consenting to a search without a warrant. The scope of a person’s consent is determined by what a “typical reasonable person [would] have understood by the exchange between the officer and the suspect.” Florida v. Jimeno, 500 U.S. 248 (1991). Applying that test, if an officer asks a suspect for consent to search the suspect’s home, and the suspect agrees, does that allow the officer to search any digital devices located inside the residence? No controlling authority. As far as I know, no published decision from North Carolina’s appellate courts, and no opinion of the Supreme Court of the United States, addresses this question. If you’re aware of any controlling authority, please let me know. Some courts have said yes, at least under certain circumstances. An illustrative opinion is United States v. Berger, 823 F.3d 1174 (8th Cir. 2016). The defendant in that case was on supervised release as a result of a prior conviction for soliciting a minor for sexual activity. It was a condition of his release that he not access the internet, but his supervising officer suspected that he was online. The officer went to his home and he signed a form granting her consent “to conduct a complete search of [the] premises and curtilage.” She and other officers then searched the defendant’s home and found [...]