CA9: Call from jail to def’s cell phone advising him to have another flee was PC for phone

A jail phone call to defendant’s cell phone telling him to tell another to flee was probable cause for a search of the phone. United States v. Carter, 2019 U.S. App. LEXIS 10906 (9th Cir. Apr. 12, 2019).*

Officers acted with reasonable suspicion in detaining plaintiff and his passenger wife for plaintiff’s refusal to open the trunk of his car as he left a Menard’s lumberyard where there was a sign that all vehicles leaving would be inspected. He refused to submit to an inspection. Thus police were called, and the officers developed reasonable suspicion something might be awry. In lawfully detaining the driver with reasonable suspicion, the police also lawfully detained his passenger. Because there was reasonable suspicion, they get qualified immunity. [Why not say just “there is no liability”?] Waters v. Madson, 2019 U.S. App. LEXIS 10733 (8th Cir. Apr. 11, 2019).*

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