D.Mont.: Def’s live-in girlfriend’s consent was enough to expand the SW beyond its particularity; she volunteered something police weren’t even looking for

Defendant had an argument with his live-in girlfriend which escalated about the time the police arrived to hear it outside. They got a search warrant for his handgun, some papers, and her belongings to help her get out. She assisted and consented to a search for a handgun, and she showed officers three auto sears. Her consent was enough to seize them although beyond the warrant. United States v. Bausch, 2017 U.S. Dist. LEXIS 33300 (D.Mont. March 8, 2017).

The search incident of defendant’s cell phone was two years prior to Riley, so it isn’t excludable under Davis. Even if it was, it was harmless error. United States v. Jenkins, 2017 U.S. App. LEXIS 4397 (7th Cir. March 13, 2017).*

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