D.Minn.: Def’s efforts to cast innocent explanation to the facts articulated by the officer don’t undermine PC

While it is certainly possible the officer likely had a subjective intent to search, “‘[s]ubjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis.’ Whren v. United States, 517 U.S. 806, 813 (1996). A showing that a police officer wishes to conduct a search is irrelevant as to the search’s constitutionality. The remainder of Defendant Moore’s arguments seek to isolate individual factors articulated by Officer Capecchi in support of the warrantless search, and then cast them as innocent.” That still doesn’t undermine probable cause. United States v. Moore, 2020 U.S. Dist. LEXIS 103039 (D. Minn. Apr. 29, 2020).*

The search warrant for defendant’s cell phone for evidence of fraud was particular, and during the search officers found child pornography. Moreover, the search warrant was obtained and the search was conducted in good faith. The search was valid. State v. Chebegwen, 2020-Ohio-3297, 2020 Ohio App. LEXIS 2232 (2d Dist. June 12, 2020).*

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