TX: Totality of circumstances applies to exigency on warrantless seizure of cell phone

“Rather than announcing a categorical rule that police may never seize personal property simply because a criminal suspect knows he is a suspect, the court of appeals should have analyzed under the totality of the circumstances whether law enforcement’s seizure of Appellant’s phone was the type of reasonable seizure necessary to maintain the status quo to provide law enforcement with time to secure a search warrant.” Igboji v. State, 2023 Tex. Crim. App. LEXIS 152 (Mar. 8, 2023).

After a court order was issued to abate a public nuisance on his property, a separate search warrant wasn’t required to enter to effect it. Witteried v. City Council of Charles Town, 2023 W. Va. LEXIS 78 (Mar. 7, 2023) (unpublished).*

F.R.C.P. 60(b) for fraud on the court isn’t the way to relitigate a lost IAC claim for an alleged Fourth Amendment violation. Creech v. Shoop, 2023 U.S. App. LEXIS 5417 (6th Cir. Mar. 7, 2023).*

This entry was posted in Cell phones, Emergency / exigency, Ineffective assistance, Warrant execution. Bookmark the permalink.

Comments are closed.