CA3: Disavowal of cell phone in car was a waiver of standing

The search of the call log on the cell phone in the car defendant was driving a year before Riley was valid. He also disavowed the cell phone and lacks standing. United States v. Monestime, 2017 U.S. App. LEXIS 1501 (3d Cir. Jan. 27, 2017).

“Assuming without deciding that the search warrants lacked requisite probable cause, the Court concludes that the evidence is nonetheless admissible under the good-faith exception to the exclusionary rule as articulated in United States v. Leon, ….” The search warrant application was not so bereft of probable cause that it should be suppressed. United States v. Johnson, 2016 U.S. Dist. LEXIS 182781 (D.Minn. Dec. 23, 2016),* adopted, 2017 U.S. Dist. LEXIS 10684 (D.Minn. Jan. 24, 2017).*

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