{"id":25052,"date":"2016-12-29T00:05:50","date_gmt":"2016-12-29T05:05:50","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=25052"},"modified":"2016-12-28T21:46:34","modified_gmt":"2016-12-29T02:46:34","slug":"ca9-def-turned-over-cell-phone-by-consent-but-even-if-not-it-was-search-with-a-warrant","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=25052","title":{"rendered":"CA9: Def turned over cell phone by consent, but, even if not, it was searched with a warrant"},"content":{"rendered":"<p>Defendant handed over his telephone when it was requested [or demanded] by the police. The Fourth Amendment wasn\u2019t violated because turning over the phone was by consent. Even if turning over the phone was nonconsensual, the cell phone was searched with a warrant. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/opinions\/2016\/12\/20\/14-10427.pdf\">United States v. Thomas<\/a>, 2016 U.S. App. LEXIS 22625 (9th Cir. Dec. 20, 2016).<\/p>\n<p>Defendant consented to the search of her house. Her testimony is specifically found to be \u201can exaggeration\u201d that they would tear the house apart if she didn\u2019t disclose the location of the drugs because of the way the search was conducted. United States v. Lopez, 2016 U.S. Dist. LEXIS 172291 (N.D.Ill. Dec. 13, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant handed over his telephone when it was requested [or demanded] by the police. The Fourth Amendment wasn\u2019t violated because turning over the phone was by consent. Even if turning over the phone was nonconsensual, the cell phone was searched &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=25052\">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],"tags":[],"class_list":["post-25052","post","type-post","status-publish","format-standard","hentry","category-cell-phones"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25052","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=25052"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25052\/revisions"}],"predecessor-version":[{"id":25063,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25052\/revisions\/25063"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25052"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25052"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25052"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}