{"id":23661,"date":"2016-09-12T00:00:52","date_gmt":"2016-09-12T05:00:52","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=23661"},"modified":"2016-09-12T14:13:38","modified_gmt":"2016-09-12T19:13:38","slug":"n-d-cal-defs-probation-cell-phone-search-was-justified","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=23661","title":{"rendered":"N.D.Cal.: Def&#8217;s probation cell phone search was justified"},"content":{"rendered":"<p>Because of defendant\u2019s arrest, his probation officers had a great interest in searching his cell phone as a probation search. His arrest showed that he likely wasn\u2019t complying with the law. United States v. Harding, 2016 U.S. Dist. LEXIS 119276 (N.D.Cal. Sept. 2, 2016).*<\/p>\n<p>The police had knowledge of defendant using a cell phone to communicate, and that gave probable cause to believe that his phones had evidence of the crime on them. The good faith exception at least supports the search warrants. United States v. Benton, 2016 U.S. Dist. LEXIS 117412 (D.Alaska Aug. 19, 2016),* adopted, 2016 U.S. Dist. LEXIS 116341 (D. Alaska Aug. 30, 2016).*<\/p>\n<p>In the abstract, the CI\u2019s story wouldn\u2019t have be reliable except that police listened to a telephone call between the CI and the defendant arranging a drug deal. https:\/\/www.appeals2.az.gov\/Decisions\/CR20150344Memo.pdf, 2016 Ariz. App. LEXIS 216 (Sept. 7, 2016)<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Because of defendant\u2019s arrest, his probation officers had a great interest in searching his cell phone as a probation search. His arrest showed that he likely wasn\u2019t complying with the law. United States v. Harding, 2016 U.S. Dist. LEXIS 119276 &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=23661\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,44,58],"tags":[],"class_list":["post-23661","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-informant-hearsay","category-probationparole-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23661","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=23661"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23661\/revisions"}],"predecessor-version":[{"id":23663,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23661\/revisions\/23663"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23661"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23661"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23661"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}