E.D.Tenn.: 11 day delay in getting computer SW not unreasonable

Depending on how one counted the time between the seizure of the cell phone and the search warrant, it was either 3 or 11 days, and either is reasonable. United States v. Deakins, 2023 U.S. Dist. LEXIS 6661 (E.D. Tenn. Jan. 13, 2023).*

Failure to file a suppression motion was waiver of the claims. United States v. Miller, 2023 U.S. App. LEXIS 641 (11th Cir. Jan. 11, 2023).*

“Considering ‘both the content of the information possessed by police and its degree of reliability,’ I find that the stop was reasonable. Navarette v. California, 572 U.S. 393, 134 S. Ct. 1683, 1685, 188 L. Ed. 2d 680, (2014). ‘[S]ociety’s interest in effective crime prevention and detection, as well as in officer and public safety while pursuing criminal investigations, can make it constitutionally reasonable in appropriate circumstances and in an appropriate manner both temporarily to detain a person and to pat him down for weapons, even though there is no probable cause to make an arrest.’ … United States v. Ayala, 2023 U.S. Dist. LEXIS 5959 (S.D.N.Y. Jan. 12, 2023).*

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