PA: SW for flashlight app data on cell phone sustained

The affidavits for search warrant for this cell phone were overbroad as to what was sought lacking probable cause except for location data and use of the flashlight function. Defendant was accused of using the flashlight on his cell phone during a home invasion. Commonwealth v. Ani, 2023 PA Super 67, 2023 Pa. Super. LEXIS 155 (Apr. 17, 2023).*

The warrantless entry into defendant’s home to arrest him lacked any exigency, and the facts surrounding the arrest are suppressed. (Mere citation to the state constitution’s search and seizure provision without any elaboration preserves nothing for review, so the Fourth Amendment is followed instead.) Woods v. State, 2023 WY 32, 2023 Wyo. LEXIS 30 (Apr. 17, 2023).

A police officer may use only reasonable force to effect an arrest. Here, the state proved unreasonable force. State v. Chauvin, 2023 Minn. App. LEXIS 133 (Apr. 17, 2023).*

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