There was probable cause for the search of defendant’s cell phones in his car. He fled from an attempt to make a purchase at a store with a stolen prepaid credit card. When his car was stopped, he consented to a search of the car that produced several prepaid cards still in their packaging. There was a reasonable inference of a fraud conspiracy for search for communications with the co-conspirators. There was a passenger in the car with him. In any event, the good faith exception would apply. United States v. Kumara, 2017 U.S. Dist. LEXIS 82592 (E.D. Va. May 30, 2017).
Evidence about how the police entered defendant’s apartment wasn’t “newly discovered” for new trial purposes. Moreover, a motion for new trial can’t be used to relitigate the motion to suppress. United States v. O’Brien, 2017 U.S. Dist. LEXIS 83259 (E.D. N.Y. May 31, 2017).