DC: Juvenile’s mother who owned cell phone and account could consent to search of the phone

A juvenile’s mother who had the child’s cell phone in her name because she bought it and it was on her account and the child lived with her gave her apparent authority to consent to search of the phone. In re J.F.S., 2023 D.C. App. LEXIS 246 (Aug. 31, 2023).

Defendant’s argument on lack of probable cause is premised on “facts” outside the record. Collectively there was probable cause, and defendant’s prior child sex offense conviction adds to it. United States v. Binford, 2023 U.S. Dist. LEXIS 154532 (E.D. Cal. Aug. 30, 2023).*

The parties agreed that, in lieu of a hearing, the trial court needed only to review the bodycam video of the search. The contention a further hearing was required was waived. Gumpert v. State, 2023 Tex. App. LEXIS 6999 (Tex. App. – Texarkana Aug. 31, 2023) (unpublished).* Readers might have noticed some unpublished and noncontroversial decisions posted here, like this one on procedural default. If you practice in a “procedural default in extremis state” like mine, these are significant. It’s what not to do.