OH12: SW for text messages on a cell phone was not overbroad where it was limited to messages from one person

Defendant was a police officer who was suspected of sexual battery of a student ride along. There were text messages, and a search warrant was obtained for his cell phone. The lack of a time frame for the text messages didn’t make the warrant violate the Fourth Amendment because it was limited to one person’s text messages. State v. Swing, 2017-Ohio-8039, 2017 Ohio App. LEXIS 4392 (12th Dist. Oct. 2, 2017).

Defendant argued he had standing because he was an overnight guest because some evidence supported it, but the evidence failed: he failed to establish that he had been invited or granted permission to be there as an overnight guest—or to be there at all—by the owner or lessee. State v. Zaragoza, 2017-Ohio-7944, 2017 Ohio App. LEXIS 4362 (2d Dist. Sept. 29, 2017).*