Defendant claimed he lost an SD card, and it ended up stuck to his girlfriend’s leg, and she discovered it when she wasn’t around him. He didn’t abandon it, so he had standing. The girlfriend put the SD card in her phone and discovered child pornography. She took it to a friend who also looked at it, and then he called the LVMPD. His look wasn’t state action. It is unclear whether the police exceeded the private search before getting a search warrant, but that doesn’t matter because there was independent probable cause before that. United States v. Ditirro, 2017 U.S. Dist. LEXIS 200683 (D. Nev. April 17, 2017), adopted, 2017 U.S. Dist. LEXIS 199627 (D. Nev. Dec. 5, 2017).
Probable hand-to-hand buy from a car was justification for a stop, and defendant had false information about himself which justified his handcuffing. “Further, the detective’s protective pat down for weapons (none were found) was justified given defendant’s extreme nervousness and erratic movements.” People v. Martin, 2017 NY Slip Op 08555, 2017 N.Y. App. Div. LEXIS 8678 (3d Dept. Dec. 7, 2017).*