M.D.Fla.: Cell phone calls with co-conspirator was PC for phone, and GFE applies anyway

Defendant was indicted in Florida for endangered species trafficking, occurring partly in California and Florida. The fact he talked 186 minutes with a co-conspirator over a year was probable cause to search his phone for evidence. Also, the good faith exception applies. United States v. Hammonds, 2022 U.S. Dist. LEXIS 14316 (M.D.Fla. Jan. 26, 2022).* (Actually, 186 minutes in a year isn’t much. That’s 15 minutes or so a month.)

“The Court concludes that based on the totality of the circumstances, a reasonable person in Belitz’s situation would have felt free to leave. Belitz was in his own home, was not handcuffed, and was explicitly told by the agents that he was free to leave. While the home was filled with fifteen law enforcement agents executing a search warrant, only two agents were in the room interviewing Belitz. The agents asked if he wanted the door to the bedroom where he was interviewed left open; when Belitz said he did not care, the door was left at least partly open. The agents spoke in a measured, conversational tone. The interview lasted about 85 minutes, and as soon as he asked, Belitz was allowed to go to the bathroom, even though he was asked to leave the door cracked.” United States v. Belitz, 2022 U.S. Dist. LEXIS 13627 (S.D.N.Y. Jan. 24, 2022).*

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