FL2: Civil contempt for not providing cell phone passcode affirmed; 4A issue not yet ripe because no charges yet filed

“Finding no merit in any of Marvin Harris’ arguments, we affirm the order below holding him in indirect civil contempt for refusing to provide the passcode to access his iPhone in connection with a search warrant.” He has yet to be charged with a crime, and his Fourth Amendment claim is premature. Harris v. State, 2022 Fla. App. LEXIS 5232 (Fla. 2d DCA July 29, 2022).

This consent to search granted while defendant was sitting in a patrol car was voluntary. “In this case, the Court finds that the location of the detention inside the patrol car did not impact the voluntariness of Defendant’s consent. While Defendant twice remarked that he had never been inside a police car before, Defendant did not seem unduly nervous or stressed. Defendant spoke amiably with the trooper and initiated questions about the effect of the warning citation on his driver’s license renewal. Trooper Cotner was polite and spoke cordially to Defendant.” United States v. Cedillo, 2022 U.S. Dist. LEXIS 134865 (E.D. Tenn. June 3, 2022), adopted, 2022 U.S. Dist. LEXIS 132496 (E.D. Tenn. July 26, 2022).

Police entered defendant’s home during a bona fide emergency. Defense counsel wasn’t ineffective for not raising a meritless argument. United States v. Veras-Velasquez, 2022 U.S. Dist. LEXIS 134849 (E.D. Pa. July 28, 2022).*

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