NY3: Failure to search cell phone within the time limits on the warrant after timely seizure required suppression

Defendant’s cell phone was seized under a search warrant but the search did not occur for two months. The cell phone search violated state law because the search did not occur within the ten days required by the rule and the face of the warrant. [Whether it violated the Fourth Amendment isn’t an issue.] People v. Kiah, 2017 NY Slip Op 08752, 2017 N.Y. App. Div. LEXIS 8855 (3d Dept. Dec. 14, 2017).

Officer saw an apparent hand-to-hand transaction and approached defendant who then discarded something. That was abandonment. State v. Smith, 2017 La. App. LEXIS 2353 (La.App. 4 Cir. Dec. 13, 2017).*

Defendant claimed ineffective assistance of counsel from not being told that he was waiving appeal of his denied suppression motion. He was told that in the plea colloquy, so the post-conviction petition is denied. State v. Boyer, 2017 Del. Super. LEXIS 647 (Dec. 8, 2017).*