D.Kan.: Def’s putting cell phone in daughter’s backpack so she could play with it was not a waiver of REP

Defendant regularly stayed with his grandmother until a few weeks before the search, and by the time of search it was more intermittent. Still, he had standing in her house because he had clothes there and still stayed there. He put a cell phone in his daughter’s backpack so she could play on it, and he had standing in the phone in her backpack. “It is reasonable for a person to believe that others will not search his infant daughter’s bag.” United States v. Musgraves, 2017 U.S. Dist. LEXIS 208144 (D.Kan. Dec. 19, 2017).

The officer had reasonable suspicion to stop defendant, but he did not have probable cause to arrest or to search defendant’s car under the automobile exception. And, the inventory is also unreasonable. United States v. Anguiano, 2017 U.S. Dist. LEXIS 208326 (D. Minn. Dec. 19, 2017).*

Defendant’s 2255 is based on his search issue that was ruled against him on the motion to suppress, but then he pled guilty. The guilty plea waived the motion to suppress. United States v. Davis, 2017 U.S. Dist. LEXIS 207069 (D. Alaska Dec. 18, 2017).*