The affidavit for the cell phone search warrant provides at least a fair probability of a connection between defendant\u2019s cell phone and his drug activity. \u201cMany, if not most, people who use cell phones with storage capabilities keep important information on them, so it is reasonable to believe that a drug dealer might have records of transactions on his cell phone. I conclude that no \u2018\u201creasonably well trained officer would have known that the search was illegal in light of all the circumstances.\u201d\u2019 United States v. Camou, 773 F.3d 932, 944 (9th Cir. 2014) (quoting Herring v. United States, 555 U.S. 135, 145, 129 S. Ct. 695, 172 L. Ed. 2d 496 (2009) (internal quotation marks omitted)).\u201d And, the good faith exception thus applies, too. United States v. Taylor, 2016 U.S. Dist. LEXIS 18932 (D.Ore. Feb. 17, 2016).*<\/p>\n
Defendant\u2019s probation search was based on reasonable suspicion provided by a corroborated informant. Shepeard v. State<\/a>, 2016 Del. LEXIS 87 (Feb. 18, 2016).*<\/p>\n Defendant\u2019s Franks challenge fails as to alleged misrepresentations and omissions. Nothing is shown to be provable or even material to the probable cause finding. United States v. Ataya, 2016 U.S. Dist. LEXIS 19476 (E.D.Mich. Feb. 18, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":" The affidavit for the cell phone search warrant provides at least a fair probability of a connection between defendant\u2019s cell phone and his drug activity. \u201cMany, if not most, people who use cell phones with storage capabilities keep important information … Continue reading