{"id":10718,"date":"2014-04-02T17:35:48","date_gmt":"2014-04-02T23:35:48","guid":{"rendered":"http:\/\/fourthamendment.com\/wordpress\/?p=10718"},"modified":"2014-04-13T12:09:30","modified_gmt":"2014-04-13T18:09:30","slug":"a-f-ct-crim-app-inevitable-discovery-applies-to-cell-phone-search","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10718","title":{"rendered":"A.F.Ct.Crim.App.: Inevitable discovery applies to cell phone search"},"content":{"rendered":"<p>The cell phone in this case was expressly tied to the offense, and the investigation was far enough along that inevitable discovery applied to it. AFOSI had a warrant for defendant\u2019s person for the cell phone but found it elsewhere. <a href=\"http:\/\/afcca.law.af.mil\/content\/afcca_opinions\/cp\/allen-38159.u.pdf\">United States v. Allen<\/a>, 2014 CCA LEXIS 216 (A.F. Ct. Crim. App. March 28, 2014):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>The AFOSI agents, in obtaining the warrant, assumed the appellant had his cellphone on his person. When they realized their assumption was wrong, the AFOSI agents should have obtained a search warrant to search the appellant&#8217;s car located on base for the cell phone. The military magistrate testified he would have authorized a search of the car to obtain the cellphone because he determined there was probable cause to believe that the contents of the cellphone had evidence pertaining to the allegations made by TC. We agree that under the facts of this case the seizure of the cellphone from the appellant&#8217;s car was outside the scope of the search authorization, but is allowed under the &#8220;inevitable discovery&#8221; exception.\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>The cell phone in this case was expressly tied to the offense, and the investigation was far enough along that inevitable discovery applied to it. AFOSI had a warrant for defendant\u2019s person for the cell phone but found it elsewhere. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=10718\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-10718","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10718","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10718"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10718\/revisions"}],"predecessor-version":[{"id":10719,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10718\/revisions\/10719"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10718"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10718"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10718"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}