D.Minn.: Consent to seize cell phone was voluntary; def wasn’t even seized

Consent to seizure of defendant’s cell phone was voluntary: “There is no evidence in the record suggesting Thompson’s consent to turn over her phone was involuntary. The request for her phone occurred in a public place and the entirety of the interaction which led to the consent and retrieval of the phone occurred within twenty minutes. Thompson was told that she was not under arrest and that she was free to leave.” United States v. Thompson, 2020 U.S. Dist. LEXIS 35241 (D.Minn. Jan. 3, 2020),* adopted, 2020 U.S. Dist. LEXIS 34456 (D. Minn. Feb. 28, 2020).*

Defendant’s 2255 is meritless. Her lawyer didn’t raise a Fourth Amendment challenge for lack of standing and lack of merit. The codefendant lost at trial and in the Ninth Circuit on the merits and that same result would have happened here. United States v. Williams, 2020 U.S. Dist. LEXIS 34640 (D. Nev. Feb. 28, 2020).*

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