CA5: Only RS needed for a routine manual border search of a cell phone

The Fifth Circuit follows other circuits to require only reasonable suspicion for a routine manual border cell phone search. Having found child pornography, the government could keep looking. “He argues that the government violated the Fourth Amendment by conducting the manual as well as forensic searches. But he does not claim that the forensic search was invalid even if we find the manual search valid.” “[W]e hold that no reasonable suspicion is necessary to conduct the sort of routine manual cell phone search at the border that occurred here.” United States v. Castillo, 2023 U.S. App. LEXIS 15207 (5th Cir. June 19, 2023).

Just because a passenger in a taxi or livery car has standing where he or she sits and against a stop, that does not mean there’s standing as to the trunk. United States v. Brown, 2023 U.S. Dist. LEXIS 105565 (M.D. Pa. June 16, 2023).*

“Defendant’s Fourth Amendment right not to be unreasonably seized was not violated because the traffic stop had not been unreasonably prolonged at the time Defendant fled from the traffic stop.” The smell of marijuana led to probable cause. United States v. Chapman, 2023 U.S. Dist. LEXIS 105579 (W.D. Pa. June 17, 2023).*

Officers had probable cause defendant left an In-and-Out Burger with 5,000 fentanyl pills to deliver them. That was passed on by collective knowledge to other officers and justified a search under the automobile exception. United States v. Reyes, 2023 U.S. Dist. LEXIS 105749 (E.D. Tex. May 19, 2023).*