{"id":50991,"date":"2022-01-03T03:39:00","date_gmt":"2022-01-03T08:39:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50991"},"modified":"2022-01-03T04:41:28","modified_gmt":"2022-01-03T09:41:28","slug":"tx5-knowledge-def-regularly-deleted-info-from-cell-phone-was-exigency-for-seizure","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=50991","title":{"rendered":"TX5: Knowledge def regularly deleted info from cell phone was exigency for seizure"},"content":{"rendered":"\n

The officers had information that defendant routinely deleted information from his call logs and text messages. That was exigency for a warrantless seizure of the phone. A later warrant was obtained for the phone. Veal v. State<\/a>, 2021 Tex. App. LEXIS 10257 (Tex. App. \u2013 Dallas Dec. 31, 2021).<\/p>\n\n\n\n

The 171 page affidavit for search warrant shows probable cause on the totality. \u201cOfficers executing the search were more than sufficiently guided with respect to what evidence they were seeking and could collect.\u201d The good faith exception would apply, too. United States v. Morales, 2021 U.S. Dist. LEXIS 246872 (W.D.N.Y. Dec. 28, 2021).*<\/p>\n\n\n\n

The district court\u2019s finding the officers could smell marijuana is supported by the record and is not clearly erroneous. They were consistent and credible. The video supports it, too. United States v. Shumaker<\/a>, 2021 U.S. App. LEXIS 38467 (8th Cir. Dec. 29, 2021).*<\/p>\n\n\n\n

The smell of marijuana coming from defendant\u2019s vehicle was probable cause for an automobile exception search. State v. Johnson<\/a>, 2021 La. App. LEXIS 2101 (La. App. 4 Cir. Dec. 29, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The officers had information that defendant routinely deleted information from his call logs and text messages. That was exigency for a warrantless seizure of the phone. A later warrant was obtained for the phone. Veal v. State, 2021 Tex. App. … Continue reading →<\/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":[5,3,51],"tags":[],"class_list":["post-50991","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-emergency-exigency","category-plain-view"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50991","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=50991"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50991\/revisions"}],"predecessor-version":[{"id":50992,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50991\/revisions\/50992"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50991"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50991"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50991"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}