Defendant\u2019s cell phone was seized incident to his arrest for armed robbery, and it was searched with a search warrant two weeks later. There is no authority cited that the seizure was invalid pending obtaining a search warrant. Considering the split of authority that a search incident of a cell phone is reasonable, mere seizure pending a search warrant should be reasonable. United States v. Gholston, 2014 U.S. Dist. LEXIS 9301 (E.D. Mich. January 27, 2014).*<\/p>\n
Defense counsel was not ineffective for not pursuing an appeal of the denial of the motion to suppress. Defendant was without standing to challenge the search, and it would have lost on appeal. Brooks v. United States, 2014 U.S. Dist. LEXIS 9625 (W.D. N.C. January 27, 2014).*<\/p>\n
There was probable cause to support defendant\u2019s arrest warrant. The search incident of the backpack that was on him was valid because he disclaimed ownership and that denies standing. United States v. Tomlin, 2014 U.S. Dist. LEXIS 9487 (E.D. Ky. January 27, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"
b2evALnk.b2WPAutP Continue reading