{"id":3620,"date":"2010-03-23T09:09:00","date_gmt":"2009-12-12T08:13:18","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-12-12T08:13:18","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3620","title":{"rendered":"MA: Cellphone was an “implement” for distribution of drugs that could be seized under a search warrant"},"content":{"rendered":"

During execution of a search warrant, \u201ca cellular telephone was … an \u2018implement[ ] … related to the illegal possession … or distribution of cocaine,\u2019\u201d where the affidavit also talked about the use of communication devices, so it could be seized under the warrant. Answering a call that came in just after it was seized was not unreasonable. Commonwealth v. Depina<\/a>, 2009 Mass. App. LEXIS 1482 (December 8, 2009).<\/p>\n

Just saying \u201csteroids\u201d in an affidavit for a search warrant was not insufficient because state law showed that injectable drugs were controlled. Commonwealth v. Takvorian<\/a>, 75 Mass. App. Ct. 836, 917 N.E.2d 776 (2009).*<\/p>\n

Undercover officers went to a crack addict and asked where they could buy crack, and he told them defendant\u2019s apartment. They all went to the apartment and a crack deal was made, so that was probable cause for a search. The CI was corroborated. State v. Hall<\/a>, 2009 Ohio 6390, 2009 Ohio App. LEXIS 5337 (2d Dist. December 4, 2009).*<\/p>\n

A black padlocked cloth bag removed from the trunk of a car to be inventoried could not be inventory searched under the local policy. However, it was subject to search because the officer could smell marijuana in it. State v. Robinson<\/a>, 2009 Ohio 6395, 2009 Ohio App. LEXIS 5336 (2d Dist. December 4, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3620","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3620","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3620"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3620\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3620"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3620"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3620"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}