{"id":24836,"date":"2016-12-17T09:49:12","date_gmt":"2016-12-17T14:49:12","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=24836"},"modified":"2016-12-17T19:22:24","modified_gmt":"2016-12-18T00:22:24","slug":"la2-even-though-la-doesnt-follow-scotus-standing-rules-def-still-had-to-show-a-privacy-interest-and-he-didnt-have-one-in-his-murder-victims-cell-phone","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=24836","title":{"rendered":"LA2: Even though LA doesn’t follow SCOTUS standing rules, def still had to show a privacy interest, and he didn’t have one in his murder victim’s cell phone"},"content":{"rendered":"

Defendant couldn\u2019t challenge the search of his murder victim\u2019s cell phone. While Louisiana doesn\u2019t follow SCOTUS cases on standing, no privacy right of defendant was involved in her phone found at her feet when the police arrived at the crime scene. State v. Farris<\/a>, 2016 La. App. LEXIS 2261 (La.App. 2 Cir. Dec. 14, 2016).<\/p>\n

Officers surveilling a drug deal saw defendant leave in a large Ford pickup with no tailgate. They called ahead for a traffic stop, and he was stopped for speeding, 70 in a 65. Defendant couldn\u2019t produce his insurance papers, and the officer was trying to verify whether defendant lied about being in jail before [to what end in a traffic stop?]. The DL check took seconds. The jail check was longer. In the meantime, three minutes later, a drug dog arrives at the scene and was run around the car. The defendant\u2019s greater than normal nervousness justified the longer detention. \u201cThis Court concludes that Deputy Gonzales had probable cause to initiate a traffic stop on Howard’s vehicle and did not unreasonably delay the investigation of the traffic offense. This Court further finds that Deputy Gonzales had reasonable suspicion to detain Howard after the traffic stop until the dog alert.\u201d United States v. Howard, 2016 U.S. Dist. LEXIS 173533 (E.D.Tex. Nov. 14, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant couldn\u2019t challenge the search of his murder victim\u2019s cell phone. While Louisiana doesn\u2019t follow SCOTUS cases on standing, no privacy right of defendant was involved in her phone found at her feet when the police arrived at the crime … Continue reading →<\/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":[5,18,35],"tags":[],"class_list":["post-24836","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-reasonable-expectation-of-privacy","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24836","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=24836"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24836\/revisions"}],"predecessor-version":[{"id":24848,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24836\/revisions\/24848"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=24836"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=24836"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=24836"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}