S.D.N.Y.: Arrested target of cell phone SW has common law right of access to affidavit and SW

The target’s motion to unseal the search warrant affidavit for his cell phone is granted. There is a common law right of access, and the First Amendment right of access does not even have to be decided. The government’s only proffered justification is on ongoing investigation, but the target was already arrested on a complaint. He gets access. In re Search Warrant Dated October 13, 2023, 2023 U.S. Dist. LEXIS 188837 (S.D.N.Y. Oct. 20, 2023).

The stop was justified by the windows being so overtinted the officer couldn’t see in. Not being able to see in a car during a traffic stop is an officer safety issue. The driver had no DL, so policy required the car be towed, and there was an inventory. United States v. Brandon, 2023 U.S. Dist. LEXIS 188674 (D. Md. Oct. 19, 2023).*

The LP light was out, and the officer smelled burnt marijuana as he approached. United States v. Arredondo, 2023 U.S. Dist. LEXIS 188765 (W.D. Tex. Oct. 20, 2023).*

2254 petitioner challenges his search. Dismissed; Stone v. Powell. Olson v. Wis. Dep’t of Prob. & Parole, 2023 U.S. Dist. LEXIS 188784 (E.D. Wis. Oct. 20, 2023).*

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