Defendant was on supervised release in Minnesota as a result of a state conviction. His cell phone was subject to search on reasonable suspicion, and Riley does not bar a parole or probation search of a cell phone. Moreover, his release conditions put him on notice. United States v. Collier, 2019 U.S. App. LEXIS 23022 (Aug. 1, 2019).
Defendant’s staleness of a child pornography search warrant for cell phones and other digital devices was waived by his guilty plea. [Not to mention the fact that, to my knowledge, no staleness challenge has ever worked in a child porn case.] State v. Rogers, 2019 Del. Super. LEXIS 365 (July 26, 2019).*
All the searches of defendant’s car came from the extended detention without reasonable suspicion. The R&R is adopted, and the evidence is suppressed. United States v. Ayala-Garcia, 2019 U.S. Dist. LEXIS 128654 (D. Ariz. Aug. 1, 2019).*