An arrest warrant doesn\u2019t give authority to search a cell phone with the arrest. After a search warrant was issued for the phone for the crime of auto burglary, there is no nexus to the crime, and the search warrant is suppressed. And, if that\u2019s not enough, the search for all things on the cell phone is fatally overbroad, following United States v. Winn, 79 F. Supp. 3d 904, 919 (S.D. Ill. Feb. 9, 2015), which comports with Fifth Circuit authority. There is no legitimate basis for such a broad search. United States v. Oglesby, 2019 U.S. Dist. LEXIS 71238 (S.D. Tex. Apr. 26, 2019).<\/p>\n
Defendant didn\u2019t ask in his motion to suppress for the CI\u2019s identity to attempt to prove he was falsely set up. Thus, he waived that issue. State v. Yetts<\/a>, 2019-Ohio-1203, 2019 Ohio App. LEXIS 1668 (7th Dist. Mar. 29, 2019).<\/p>\n","protected":false},"excerpt":{"rendered":" An arrest warrant doesn\u2019t give authority to search a cell phone with the arrest. After a search warrant was issued for the phone for the crime of auto burglary, there is no nexus to the crime, and the search warrant … Continue reading