The trial court considered the dashcam and the officer’s and defendant’s testimony because the dashcam wasn’t conclusive: “But I think it just goes to show you really need to review the video in every case. And in this case, after reviewing the video, I truly find the truth somewhere in between both positions.” These findings are still entitled to deference. State v. Martinez, 2018 N.M. LEXIS 3 (Jan. 5, 2018).
Exigent circumstances justified seizure of defendant’s cell phone in a case of sex trafficking of a minor pending getting a search warrant for it. United States v. Acosta, 2017 U.S. Dist. LEXIS 214107 (N.D. Ga. Dec. 19, 2017),* adopted, 2018 U.S. Dist. LEXIS 2285 (N.D. Ga. Jan. 5, 2018).*
Defendant’s search claim, among other claims, were decided by the direct appeal, so they can’t be brought in a 2255 petition. United States v. Merrell, 2018 U.S. Dist. LEXIS 1735 (D. Minn. Jan. 3, 2018).*