D.Ariz.: PC so lacking, “this is a no-brainer”

“The Court finds that the search warrant affidavit comes nowhere near to establishing probable cause for the search of the cell phone. Simply put, this is a no-brainer. In fact, the government’s conclusory argument noted above demonstrates the futility of their position in trying to save the search warrant for the cell phone.” Therefore, the good faith exception does not apply either. “However, once again, the government presents a half-hearted argument to support that position. The government merely asserts that the search warrant affidavit ‘was not so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.’ … The government does not explain why it claims the search warrant was not lacking any indicia of probable cause.” United States v. Williams, 2022 U.S. Dist. LEXIS 108641 (D.Ariz. May 10, 2022).*

The officer gets the credibility call here on the question of consent because defendant lied to the officer at the time of the stop. United States v. Burnaugh, 2022 U.S. Dist. LEXIS 108285 (W.D. Mo. June 2, 2022), adopted, 2022 U.S. Dist. LEXIS 108184 (W.D. Mo. June 17, 2022).*

The officer’s knowledge of defendant and the facts at the scene gave him reasonable suspicion for defendant’s patdown. Plain feel supported the search of his pockets when apparent contraband was found. State v. Tripp, 2022-NCSC-78, 2022 N.C. LEXIS 577 (June 17, 2022).*