CA11: Seizure of cell phone incident to arrest was valid

Seizure of defendant’s cell phone as incident to arrest was valid. Admission into evidence of a telephone number on the contacts list was proper. [Not argued as a search incident of the contents of the phone being illegal.] United States v. Fuentes, 368 Fed. Appx. 95 (11th Cir. 2010) (unpublished).*

Defendant’s computer was accessed via Limewire, and child pornography was found. That justified a search warrant for defendant’s computer. Staleness was not an issue because child porn possessors always keep it a long time. United States v. Cunningham, 2010 U.S. Dist. LEXIS 19444 (W.D. Pa. March 4, 2010).*

Defendant was stopped for a traffic offense, and he and the passenger were extremely nervous. The officer suspected drugs were being hauled in the empty trailer, and he got consent to search it. He also got them to follow to a nearby exit where the axle was drilled and cocaine was found inside. The search was valid. United States v. Flores, 368 Fed. Appx. 424 (4th Cir. 2010) (unpublished).*

Defendant was suspected of bank robbery and he had clothes left where he once stayed. The police got the owner to give them the clothes. She was not acting as a governmental actor at the time. United States v. Wiest, 596 F.3d 906 (8th Cir. 2010).*