N.D.Ga.: When jail calls are a part of the PC for a SW affidavit, transcripts aren’t required

“Dubose raises a slew of arguments [not a good sign] in support of her contention that the affidavit fails to establish probable cause to search the iPhone; however, none of those arguments has merit.” There was an argument that a critical fact which would explain contact between people on a cell phone was buried, but it wasn’t. Transcripts of jail calls supporting probable cause are not required. United States v. Dubose, 2018 U.S. Dist. LEXIS 207399 (N.D. Ga. Nov. 16, 2018), adopted in part, granted in part United States v. Obie, 2018 U.S. Dist. LEXIS 206781 (N.D. Ga., Dec. 6, 2018).

Ordering defendant out of the car and patting him down was justified under the Fourth Amendment. The state argues that defendant’s state constitutional argument was waived in the trial court. Waived or not, the rule is the same. Negash v. State, 2018 Ind. App. LEXIS 467 (Dec. 11, 2018).*

This entry was posted in Prison and jail searches, Stop and frisk. Bookmark the permalink.

Comments are closed.