CA5: Handing over one’s phone in response to “do you mind if I look through your phone?” is consent

Defendant’s stop 30 miles from the border in a corridor known for smuggling was based on reasonable suspicion. When defendant was asked “do you mind if I look through your phone?”, he handed it over, and that was consent. United States v. Escamilla, 2017 U.S. App. LEXIS 5485 (5th Cir. March 29, 2017).

Defendant consented to the officer’s searching his phone calls and text messages for a specific person to locate her, and the limits on that consent were not exceeded. United States v. Todd, 2017 U.S. Dist. LEXIS 48181 (S.D. Ga. Feb. 10, 2017),* adopted, 2017 U.S. Dist. LEXIS 46837 (S.D. Ga. Mar. 29, 2017).*

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