N.D.Cal.: 41-day delay from seizure to search of a cell phone wasn’t constitutionally unreasonable on these facts

41-day delay between seizure of cell phone and its search, while not good, wasn’t constitutionally unreasonable under all the circumstances, primarily because defendant was in custody and couldn’t use the phone anyway, so it didn’t intrude on his possessory interests. United States v. McNeely, 2019 U.S. Dist. LEXIS 97094 (N.D. Cal. June 11, 2019).

Brandishing a firearm at a crowd and retreating into a house was sufficient for exigency for a warrantless entry. Defendant’s regular visiting of the premises was so extensive he was an effective subtenant. He had a key, kept clothes there, and he visited at will and spent the night. United States v. Leonard, 2019 U.S. Dist. LEXIS 97917 (S.D. Fla. May 8, 2019), adopted, 2019 U.S. Dist. LEXIS 97100 (S.D. Fla. June 11, 2019).

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