D.Kan.: Seizure under part of SW without PC is suppressed, but remainder valid

“Whitmore’s motions are granted in part and denied in part. Specifically, his motion to exclude evidence from his arrest is denied. With respect to the search of the cell phone, the affidavit provides no probable cause for seeking evidence of other, unspecified commercial robberies. But, because those provisions are severable, the remaining evidence obtained from the search of his phone is permissible.” United States v. Whitmore, 2021 U.S. Dist. LEXIS 118404 (D. Kan. June 24, 2021).

“Under this proper deferential standard, the Magistrate Judge correctly determined that the affidavit in support of the warrant application provided, at least, a substantial basis for finding probable cause. … Defendant’s objection merely reiterates his contention that the affidavit’s contents are ‘conclusory,’ without responding substantively to the Magistrate Judge’s determination that, though several statements in the affidavit are based on the affiant’s ‘knowledge, training, and experience,’ they were, nevertheless, properly considered in the probable cause evaluation.” United States v. Brown, 2021 U.S. Dist. LEXIS 118314 (S.D. Ga. June 24, 2021).*