Defendant was observed shoplifting and put the allegedly stolen item into her purse. Outside, a struggle ensued, and defendant handed her purse off to another. It was subject to search incident because it was evidence [and an instrumentality] of the crime. State v. Bradley, 2018 Minn. App. LEXIS 139 (Mar. 5, 2018).
The order for defendant’s CSLI was proper under existing Sixth Circuit authority, and the court is bound by it, and it doesn’t have to wait for Carpenter to be decided. United States v. Herron, 2018 U.S. Dist. LEXIS 35002 (W.D. Tenn. Mar. 5, 2018).*