MS: Search warrant to seize cell phone fairly includes ability to search it

The search warrant to seize defendant’s cell phone, fairly read, permitted a search of the phone for photographs of defendant’s sexual battery of the victim. Moore v. State, 2015 Miss. App. LEXIS 182 (April 7, 2015).

The invalidity of the arrest warrant was not developed and wasn’t in the record, so it can’t be decided. Voluntariness of consent was also waived because it wasn’t developed in the trial court, and all that’s in the record supports consent. A warrant wasn’t required to open a white pouch found in the motel room because of the consent. O’Donnell v. State, 2015 Miss. App. LEXIS 180 (April 7, 2015).*

Officers had word from a witness that defendant accosted him with a gun which was in the right pants pocket. Officers went looking for defendant and found him, matching the description given. When the officers asked about a gun, defendant reached for his right pocket, and a patdown was permitted. State v. Strong, 2015 Mo. App. LEXIS 381 (April 7, 2015).*