A.F.Ct.Crim.App.: AFOSI form that said cell phone consent search would be done in 3 days wasn’t constitutionally binding

An AFOSI form states that a cell phone search has to occur within three days of their acquiring the phone. The court in the past has suggested that form change because it’s unreasonable to expect that it can be done that quickly. Taking more than three days to conduct the search was not unreasonable under the Fourth Amendment. United States v. Kicker, 2017 CCA LEXIS 756 (A.F. Ct. Crim. App. Dec. 14, 2017)* (memorandum).

Defendant was subject to a probation search condition. His PO showed up at the house, and he signed an express consent to search. He argued that the search was merely acquiescence to a claim of authority. It was: They had the power to search without consent. [And the court spends too much unnecessary time talking about consent. One could argue that this is enforced consent, but that’s not the point, it’s just a probation search.] United States v. Danner, 2017 U.S. App. LEXIS 25225 (11th Cir. Dec. 14, 2017).*

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