CA2: SI of backpack for a subway fare violation was unreasonable, but a search was inevitable as inventory

Defendant was arrested by NYPD for using a student fare MetroCard, and a computer search showed he was a transit recidivist. His backpack was searched. While it was an invalid search incident, he was taken to the precinct house and it would have been inventoried there, and that’s inevitable discovery. United States v. Sobers, 2020 U.S. App. LEXIS 4700 (2d Cir. Feb. 12, 2020).

Defendant dropped a cell phone while on a bicycle. A citizen picked it up and gave it to the police. The officer accessed the phone to determine the owner, and it had one contact, “Me,” and several images of child pornography were immediately apparent. A state judge ruled the warrant invalid for lack of probable cause, but the warrant was still executed in good faith. United States v. Stacy, 2020 U.S. App. LEXIS 4702 (2d Cir. Feb. 12, 2020).*

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