S.D.N.Y.: Realtime cell phone tracking SW issued with PC

The USPS developed probable cause that defendant was shipping drugs by mail with his own mini mailing service, creating his own mailing labels and having acquired plenty of USPS envelopes and postage to do it. When another suspicious package came through, it was reasonably detained for further investigation. In the investigation, they obtained a GPS warrant to track defendant’s phone real time and followed him around, and that warrant was issued with probable cause. The search of his cell phone and its browser history was reasonable and authorized by a warrant. United States v. Okparaeke, 2018 U.S. Dist. LEXIS 112687 (S.D. N.Y. July 6, 2018).*

Defense counsel wasn’t ineffective for not filing a motion to suppress a search of defendant’s apartment. There was plenty of probable cause before the dog sniffed near the door of the apartment hallway, so it doesn’t matter because of the independent source. Salinas v. United States, 2018 U.S. Dist. LEXIS 112213 (N.D. Tex. July 6, 2018).*

The smell of marijuana coming from defendant’s car was at least reasonable suspicion to continue the stop. State v. Beller, 2018 Iowa App. LEXIS 617 (July 5, 2018).*