{"id":41040,"date":"2019-12-06T11:45:03","date_gmt":"2019-12-06T16:45:03","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41040"},"modified":"2019-12-08T12:20:05","modified_gmt":"2019-12-08T17:20:05","slug":"ny1-execution-of-sw-on-cell-phone-in-police-custody-in-30-days-not-unreasonable","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=41040","title":{"rendered":"NY1: Execution of SW on cell phone in police custody in 30 days not unreasonable"},"content":{"rendered":"<p>Defendant\u2019s cell phones were already in the possession of the police, and the search warrant was deemed by its own language as executed on issuance. The actual search, however, took 30 days, and that wasn\u2019t unreasonable. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2019\/2019_08771.htm\">People v. Ruffin<\/a>, 2019 NY Slip Op 08771, 2019 N.Y. App. Div. LEXIS 8783 (1st Dept. Dec. 5, 2019).<\/p>\n<p>&#8220;Here, based on the collective knowledge of law enforcement, deputies had reasonable suspicion to stop Mr. Loethen. Contrary to Mr. Loethen&#8217;s claim that police lacked information or knowledge to suggest wrongdoing, the stop was the result of an investigation into drug distribution that spanned months. Mr. Rainey was a known drug dealer. Mr. Loethen&#8217;s use of innuendo and numerous short visits to Mr. Rainey&#8217;s home fit a pattern of buying drugs.\u201d United States v. Loethen, 2019 U.S. Dist. LEXIS 208748 (W.D. Mo. Nov. 14, 2019),* adopted, 2019 U.S. Dist. LEXIS 207472 (W.D. Mo. Dec. 2, 2019).*<\/p>\n<p>The statute of limitations on plaintiff\u2019s Fourth Amendment \u00a7 1983 case ran years before it was filed. <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&#038;Path=Y2019\/D12-04\/C:18-2590:J:PerCuriam:aut:T:npDp:N:2439399:S:0\">Flynn v. Donnelly<\/a>, 2019 U.S. App. LEXIS 35975 (7th Cir. Dec. 4, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s cell phones were already in the possession of the police, and the search warrant was deemed by its own language as executed on issuance. The actual search, however, took 30 days, and that wasn\u2019t unreasonable. People v. Ruffin, 2019 &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=41040\">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":[5,93,16],"tags":[],"class_list":["post-41040","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-collective-knowledge","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41040","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=41040"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41040\/revisions"}],"predecessor-version":[{"id":41053,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41040\/revisions\/41053"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41040"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41040"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41040"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}