CA10: GFE applied to cell phone SW in KS where phone was actually searched in MO

Search incident did not justify seizure of defendant’s cell phone when he was arrested because he’d been separated from the cell phone. The government’s claim that officers seizing the cell phone were proceeding under “direction of” defendant’s PO is rejected because the PO left the premises before all that happened. Still, however, the seizure of the phone was valid as a parole seizure because of the special needs exception. A state search warrant was issued for the cell phone in Kansas City, Kansas, and it was actually searched by a computer lab in Kansas City, Missouri. The good faith exception sustains that search. United States v. Pacheco, 2018 U.S. App. LEXIS 5717 (10th Cir. Mar. 7, 2018).

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