W.D.N.Y.: 108-day delay in SW for cell phone was unreasonable

An unreasonable 108-day delay in retrieving defendant’s cell phone from local police after the DEA adopted the case required suppression of the search of the phone. United States v. Adams, 2023 U.S. Dist. LEXIS 23973 (W.D.N.Y. Feb. 13, 2023).

Officers get qualified immunity for use of the SWAT team for all drug search warrants per city policy. Officers also get qualified immunity for use of flashbang grenades for execution of a no-knock warrant. Williams v. City of Little Rock, 2023 U.S. Dist. LEXIS 24100 (E.D. Ark. Feb. 13, 2023).*

The court credits the testimony of CBP officers that a drone video showed heat signatures even though the recording didn’t capture it. There was still reasonable suspicion for the stop on the totality. United States v. Jackson, 2023 U.S. Dist. LEXIS 24020 (D. Ariz. Feb. 13, 2023).*

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