E.D.Tenn.: Using def’s cell phone to call 911 to obtain its number did not violate Riley

The use of defendant’s cell phone to call 911 to obtain its number did not violate Riley, and, even so, was within the good faith exception. United States v. Caldwell, 2015 U.S. Dist. LEXIS 4279 (E.D. Tenn. January 14, 2015), R&R 2014 U.S. Dist. LEXIS 180358 (E.D. Tenn. July 23, 2014).

Defendant was belligerent at a Burger King drive-thru, and he went across the street to McDonald’s. The BK employee called the police only because he didn’t want defendant coming back, and the basis of the stop was to tell the defendant he wasn’t welcome at BK. The officer found defendant was under the influence. The stop was reasonable. State v. Bell, 2015 La. App. LEXIS 69 (La.App 1 Cir. January 15, 2015).*

Officers did not attempt to obtain consent from defendant, so he did not have veto power over consent. Defendant’s live-in girlfriend consented to the search of their bedroom where the gun was found, and that was essentially the same as Fernandez. United States v. Williams, 2015 U.S. Dist. LEXIS 4331 (M.D. Pa. January 14, 2015).*