D.Minn.: Exercising control over cell phone to shield it from being seen by police was showing a subjective REP, right up until def denied it was his

Defendant first sought to shield the cell phone in his hand from view. When the police finally got it from him, he denied it was his. “Through his conduct at the time of the seizure, Mayer arguably exhibited a subjective expectation of privacy by seeking to preserve the phone as private. But later, after the officers had seized the phone and arrested Mayer, Mayer denied that the phone belonged to him and told officers that the phone was given to him by a friend earlier that night. On this record, Mayer has not satisfied his burden to demonstrate that he exhibited a subjective expectation of privacy.” United States v. Mayer, 2020 U.S. Dist. LEXIS 20373 (D. Minn. Feb. 6, 2020).*

Defendant cannot show that defense counsel wasn’t ineffective for not challenging his stop and search because the record shows the stop and frisk was reasonable based on concealing something. Simplice v. United States, 2020 U.S. Dist. LEXIS 20403 (S.D. Fla. Feb. 3, 2020).*