W.D.Va.: Arrest warrant didn’t have to be in hand at time of arrest

When defendant was arrested on an arrest warrant, it was constitutionally required that officers have the warrant in hand at the time of the arrest. Rule 4 only requires the warrant be shown as soon as practical. Defendant was arrested on a child support warrant. The search of his bag wasn’t valid as a search incident, but it was as inventory. United States v. Stephens, 2019 U.S. Dist. LEXIS 183440 (W.D. Va. Oct. 23, 2019).

Defendant had standing to contest the government’s acquiring geolocation information from a cell phone that defendant was using, claiming it was his phone. The tracking order for him established probable cause he was involved in a drug conspiracy. United States v. Cardona, 2019 U.S. Dist. LEXIS 183146 (D. Mass. Oct. 23, 2019).*

Defendant’s claim that defense counsel was ineffective in not better challenging the search warrant is moot because nothing from the search was admitted at trial. Williams v. State, 2019 Ark. 289, 2019 Ark. LEXIS 294 (Oct. 24, 2019).*

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