CA4: Search incident of cell phone was valid, without analysis

Defendant was arrested for identity fraud, and officers looked in his cell phone, and that information ended up in the search warrant. The cell phone search was not unreasonable [, without much explanation, and the court conceivably could have just said it was struck from the affidavit and the SW’s still good]. United States v. Arellano, 410 Fed. Appx. 603 (4th Cir. 2011) (unpublished):

Given the presence of business cards related to producing photographs for false identification cards and containing a printed phone number, in close proximity to the cell phone which appeared to be Appellant’s, and 14 suspected false identification cards, law enforcement agents reasonably looked to the cell phone for evidence of Arellano’s unlawful activity. See United States v. Anderson, 851 F.2d 727, 729 (4th Cir. 1988) (noting that “the nexus between the place to be searched and the items to be seized may be established by the nature of the item and the normal inferences of where one would likely keep such evidence.”).

In this wiretapping case, the defendant had no reasonable expectation of privacy under the Fourth Amendment as to one conversation because he knew there were third parties listening to it. United States v. Brown, 2011 U.S. Dist. LEXIS 12932 (M.D. La. February 8, 2011).*

Officers had reasonable suspicion defendant was involved in street sales of drugs and approached him, and he fled. They chased him to his house, and he finally came out. The conduct of the officers was not unreasonable. United States v. Lewis, 2011 U.S. Dist. LEXIS 13028 (S.D. Ohio February 1, 2011).*