{"id":57771,"date":"2024-04-30T14:39:39","date_gmt":"2024-04-30T19:39:39","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57771"},"modified":"2024-04-30T14:39:39","modified_gmt":"2024-04-30T19:39:39","slug":"cadc-when-searching-a-cell-phone-and-officers-find-it-belonged-to-someone-else-a-new-sw-isnt-required-sws-are-directed-at-things-places-and-people-and-owner-doesnt-matter-for-pc","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=57771","title":{"rendered":"CADC: When searching a cell phone and officers find it belonged to someone else, a new SW isn&#8217;t required; SWs are directed at things, places, and people and owner doesn&#8217;t matter for PC"},"content":{"rendered":"\n<p>Officers seized a cell phone from Thorne, a suspected narcotics and firearms trafficker. In a search under a warrant, the officers found out the phone actually belonged to defendant. Warrants are directed at things, and that didn\u2019t require them to stop and get another warrant showing that. <a href=\"https:\/\/www.cadc.uscourts.gov\/internet\/opinions.nsf\/C4235DB0E3B5DA9B85258B0F004F85E6\/$file\/22-3069-2051948.pdf\">United States v. Hutchings<\/a>, 2024 U.S. App. LEXIS 10369 (D.C. Cir. Apr. 30, 2024).<\/p>\n\n\n\n<p>Defendant\u2019s stop followed the officer seeing a badly cracked windshield and then running the LPN which revealed unpaid tolls. The stop was valid. United States v. Partridge, 2024 U.S. Dist. LEXIS 77120 (D. Me. Apr. 29, 2024).*<\/p>\n\n\n\n<p>The parties stipulated to the facts of the stop, and that included that there was reasonable suspicion to believe that it was based on a hand-to-hand drug transaction. The trial court left that out of the written order, but it was stipulated to. State v. O&#8217;Day, 2024-Ohio-1654 (3d Dist. Apr. 29, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers seized a cell phone from Thorne, a suspected narcotics and firearms trafficker. In a search under a warrant, the officers found out the phone actually belonged to defendant. Warrants are directed at things, and that didn\u2019t require them to &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=57771\">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":[20,35,59,111],"tags":[],"class_list":["post-57771","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-reasonable-suspicion","category-scope-of-search","category-suppression-hearings"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57771","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=57771"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57771\/revisions"}],"predecessor-version":[{"id":57772,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57771\/revisions\/57772"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57771"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57771"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57771"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}