While it is certainly possible the officer likely had a subjective intent to search, \u201c\u2018[s]ubjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis.\u2019 Whren v. United States, 517 U.S. 806, 813 (1996). A showing that a police officer wishes to conduct a search is irrelevant as to the search’s constitutionality. The remainder of Defendant Moore’s arguments seek to isolate individual factors articulated by Officer Capecchi in support of the warrantless search, and then cast them as innocent.\u201d That still doesn\u2019t undermine probable cause. United States v. Moore, 2020 U.S. Dist. LEXIS 103039 (D. Minn. Apr. 29, 2020).*<\/p>\n\n\n\n
The search warrant for defendant\u2019s cell phone for evidence of fraud was particular, and during the search officers found child pornography. Moreover, the search warrant was obtained and the search was conducted in good faith. The search was valid. State v. Chebegwen<\/a>, 2020-Ohio-3297, 2020 Ohio App. LEXIS 2232 (2d Dist. June 12, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":" While it is certainly possible the officer likely had a subjective intent to search, \u201c\u2018[s]ubjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis.\u2019 Whren v. United States, 517 U.S. 806, 813 (1996). A showing that a police officer … Continue reading