CA11: Warrantless search of cell phone cured by later warrant on independent PC

The warrantless search of defendant’s cell phone had plenty of independent probable cause for later issuance of state and federal search warrants for it. “Additionally, the evidence relayed above was not obtained via any police misconduct but, rather, was obtained prior to the warrantless search of Somers’s phone. Furthermore, the probable-cause affidavits in support of the search warrants were not based on any information obtained during the warrantless search of the phone.” United States v. Somers, 2014 U.S. App. LEXIS 21548 (11th Cir. November 14, 2014).

Defendant’s car was stopped for speeding, and the smell of burnt marijuana was coming from it. The driver was glassy eyed and had slurred speech. There was reasonable suspicion for a continued detention. Defendant was a passenger and could not establish standing to contest the search. It was a rental car and the driver was the renter, and he wasn’t an authorized driver. Besides, the search of the car is valid under the automobile exception. United States v. Kennedy, 2014 U.S. Dist. LEXIS 159802 (W.D. Pa. November 13, 2014).*

Officers had a tip about a convicted felon in a car with a gun, and the car was seen and stopped after a turn violation. All four in the car were removed and handcuffed, and that was for safety purposes. A bench warrant was found on the driver. Defendant was Mirandized and admitted there was a gun in the car he was holding for a friend. That was probable cause. United States v. Uiagaleei, 2014 U.S. Dist. LEXIS 160142 (D. Nev. August 26, 2014).*