Post details: D.S.D.: Cell phone properly seized incident to juvenile prostitution arrest

03/31/13

Permalink 09:45:33 am, by fourth, 170 words, 434 views   English (US)
Categories: General

D.S.D.: Cell phone properly seized incident to juvenile prostitution arrest

Defendant was accused of transporting a juvenile for prostitution. An undercover officer saw the screen of his Blackberry and saw a reference to “bring[ing] condoms.” There was probable cause to seize the cell phone incident to his arrest. The cell phone was later searched with a warrant. United States v. Nyoun, 2013 U.S. Dist. LEXIS 45260 (D. S.D. March 29, 2013).*

Indiana requires reasonable suspicion for a trash search, and the detail of the anonymous tip here showed that it had to come from personal observation inside defendant’s house. Fuqua v. State, 984 N.E.2d 709 (Ind. App. 2013).*

Trial court erroneously used “nexus” for probable cause and standing. “Nexus” is reserved for search warrant questions and whether the PC relates to the place to be searched. Nevertheless, the point being: what was the connection between the defendant and the drugs? That’s a question of standing and probable cause to arrest. Here, defendant didn’t have standing, and the police had probable cause. State v. Johnson, 2013 Tenn. Crim. App. LEXIS 275 (March 26, 2013).*

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