{"id":3732,"date":"2010-09-01T07:19:56","date_gmt":"2010-01-14T04:07:27","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-01-14T04:07:27","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3732","title":{"rendered":"S.D.Ohio: On a Gant<\/em> reversal, government denied opportunity to show alternative basis for search"},"content":{"rendered":"

Defendant\u2019s conviction was reversed by the Sixth Circuit for a violation of Gant<\/a>. On remand, the government sought to reopen the suppression hearing to show that inevitable discovery would have saved the search because it would have been found in an inventory, but it requested that relief from the Sixth Circuit which did not do so. The government had its chance to present alternate theories and failed. Motion to suppress granted on remand. United States v. Jackson, 2010 U.S. Dist. LEXIS 1699 (S.D. Ohio January 11, 2010).*<\/p>\n

Defendant\u2019s mother consented to a search of the premises by police after one of them, a firefighter-police officer combination, entered the premises on a smoke call and looked through the house for a fire, finding a grow operation on the top floor. After there was no fire found, he left the house, informed police officers outside, and he removed his fire gear and got supervisor permission to act as a police officer. Defendant\u2019s mother was asked for consent and told she did not have to, and she still validly did. Commonwealth v. Farnsworth<\/a>, 76 Mass. App. Ct. 87920 N.E.2d 45 (2010), Review denied by Commonwealth v. Farnsworth, 456 Mass. 1102, 922 N.E.2d 153 (2010).<\/p>\n

Defendant had no reasonable expectation of privacy in a cell phone that was not actually his and was used by others and left in a house that the police searched. Videos on the cell phone depicted defendant. State v. Thunder<\/a>, 2010 SD 3, 777 N.W.2d 373 (2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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