W.D.Ky.: Text messages to 11 year old boy for sex was justification for warrantless seizure of cell phone

The seizure of defendant’s cell phone incident to his arrest was reasonable. Defendant was accused by an 11 year old boy of sexual conduct on Fort Campbell, and the FBI and Army CID investigated and got enough information to have probable cause to arrest. Part of that was text messages between defendant and the boy with instructions on how to delete them. The boy’s mother told the investigators that the number associated with the text messages to the 11 year old came from defendant. That was justification for seizure of the phone to get a search warrant. United States v. Lewis, 2015 U.S. Dist. LEXIS 53882 (W.D.Ky. April 24, 2015).

Defendant was walking, apparently intoxicated, in Toledo, and the search incident of his person producing six Oxys was reasonable. State v. Lentz, 2015-Ohio-1572, 2015 Ohio App. LEXIS 1501 (6th Dist. April 24, 2015).*