Defendant lacked standing to challenge the search of a cell phone taken off a co-defendant that didn’t belong him. Besides, the search of that cell phone was valid. United States v. Brewer, 2017 U.S. App. LEXIS 18003 (3d Cir. Sept. 18, 2017).
Defendant contends that the officer misled the court on whether defendant consented to the search that the affidavit for search warrant was attempting to establish probable cause for. Since a search warrant presupposes no consent, removing the issue of consent from the affidavit still leaves probable cause for issuance of the warrant. State v. Bryan, 2017 Mo. App. LEXIS 930 (Sept. 19, 2017).