D.Minn.: Nexus to crime showed on one phone but not another; second phone suppressed

Information that a cell phone was being used in drug trafficking was nexus to one phone for a search warrant. As to the other phone, probable cause is actually lacking, and the tracking of that phone is suppressed. United States v. Moore, 2015 U.S. Dist. LEXIS 167606 (D. Minn. Dec. 15, 2015).

Because the officers’ testimony at the suppression hearing was suspect, the court finds no reasonable suspicion for the stop and frisk of defendant leading to his gun charge. The government failed to carry its burden of proof on applicability of any exceptions to the warrant requirement. United States v. Williams, 2015 U.S. Dist. LEXIS 168926 (E.D.N.Y. Dec. 17, 2015).*

Defendant’s spontaneous response to “do you have any weapons on your person” of “not on my person but in my truck” was reasonable suspicion to look for it. United States v. Randolph, 2015 U.S. Dist. LEXIS 167376 (W.D.Mo. Dec. 15, 2015), R&R 2015 U.S. Dist. LEXIS 150718 (W.D. Mo. Nov. 6, 2015),*