{"id":28990,"date":"2017-09-05T18:36:19","date_gmt":"2017-09-05T23:36:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=28990"},"modified":"2017-09-16T18:41:22","modified_gmt":"2017-09-16T23:41:22","slug":"md-officers-affidavit-that-said-that-cell-phones-are-often-used-in-violent-crimes-to-document-the-crime-was-sufficient-pc-for-warrant-for-phone","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=28990","title":{"rendered":"MD: Officer’s affidavit that said that cell phones are often used in violent crimes to document the crime was sufficient PC for warrant for phone"},"content":{"rendered":"

\u201cThe affidavit in support of the search warrant provided a substantial basis for the warrant-issuing judge to find probable cause to search Appellant\u2019s cell phone where the warrant affidavit stated that Appellant was arrested and found with an assault victim\u2019s wallet and shoes, Appellant had confessed to assault, and the affiant knew through his experience that suspects in robberies and assaults sometimes take pictures and send communications related to criminal activity on their cell phones.\u201d Even so, the good faith exception would apply. (Summary by the court.) Moats v. State<\/a>, 2017 Md. LEXIS 610 (Aug. 31, 2017); Stevenson v. State<\/a>, 2017 Md. LEXIS 611 (Aug. 31, 2017).<\/p>\n

Counsel\u2019s affidavit on information and belief that the defendant had standing and why wasn\u2019t objected to by the government, but it should have been. After chiding counsel, the court proceeds to assume standing. \u201cInvestigator Bernabei’s [31 page] affidavit described a series of intercepted calls supported by police and live-video surveillance, which together portrayed a criminal network involving multiple individuals engaged in drug trafficking.\u201d There was ample probable cause. United States v. Montgomery, 2017 U.S. Dist. LEXIS 142149 (W.D. N.Y. July 21, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cThe affidavit in support of the search warrant provided a substantial basis for the warrant-issuing judge to find probable cause to search Appellant\u2019s cell phone where the warrant affidavit stated that Appellant was arrested and found with an assault victim\u2019s … 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":[1],"tags":[],"class_list":["post-28990","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28990","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=28990"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28990\/revisions"}],"predecessor-version":[{"id":28991,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28990\/revisions\/28991"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=28990"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=28990"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=28990"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}