Defendant was the target of an anticipatory federal search warrant for drugs. The federal government instead let the state prosecute. The Iowa constitution, however, does not permit anticipatory search warrants. Defense counsel didn’t raise the state constitutional issue before trial. Since this was a federal search warrant issued with probable cause, the exclusionary rule should not be applied here. No ineffective assistance. Ramirez v. State, 2022 Iowa App. LEXIS 717 (Sep. 21, 2022).
Defendant was charged with unlawful use of a social media site while a sex offender. The trial court’s finding that defendant consented to giving over his passcode and permitting search of his cell phone was not clearly erroneous. State v. McMahon, 2022 La. App. LEXIS 1560 (La. App. 2 Cir. Sep. 21, 2022).*
A “suspicious look” of a passenger in a car is not reasonable suspicion for a stop. The subsequent stop and search of plaintiff’s car violated clearly established law, and the trial court properly granted summary judgment for the plaintiff. Clinton v. Garrett, 2022 U.S. App. LEXIS 26333 (8th Cir. Sep. 21, 2022).*