S.D.Ohio: Riley‘s cell phone SW requirement doesn’t apply to probation searches of a cell phone

Riley does not require a warrant for a probation search of a probationer’s cell phone. United States v. Fletcher, 2018 U.S. Dist. LEXIS 65591 (S.D. Ohio Apr. 18, 2018).

Officers had probable cause to search the trunk of a car after a traffic stop was initiated in a high-crime area. The stopping officer was a twelve-year veteran with experience in drug interdiction. The driver and front-seat passenger were making simultaneous furtive movements throughout the stop. Both gave evasive answers to questioning, and both were extremely nervous during an otherwise routine traffic stop. Two of the vehicle’s three occupants had prior convictions related to drug distribution. A consent search of the front-seat passenger revealed 13+ grams of marijuana on his person and an odor of PCP on his breath. That was probable cause to search the trunk. State v. Johnson, 2018 Md. LEXIS 193 (Apr. 20, 2018).*

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