IN: Exigency permitted real time pinging of def’s cell phone

(1) There were exigent circumstances for pinging defendant’s cell phone based on exigent circumstances as recognized by state statute, and this is implicitly recognized by Carpenter. (2) Failure to file the search warrant papers within 72 hours as required by state law doesn’t require suppression of the search. (3) When there’s an arrest on probable cause, the person may be searched incident to arrest. Govan v. State, 2019 Ind. App. LEXIS 35 (Jan. 25, 2019).

Officers had probable cause as to defendant’s vehicle likely being involved in drugs, and that justified a search under the automobile exception. United States v. Glenn, 2018 U.S. Dist. LEXIS 219972 (N.D. Ga. Jan. 25, 2019).*