{"id":58507,"date":"2024-07-29T17:42:57","date_gmt":"2024-07-29T22:42:57","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58507"},"modified":"2024-07-30T06:57:11","modified_gmt":"2024-07-30T11:57:11","slug":"tx3-wife-conducted-private-search-of-husbands-cell-phone-by-using-his-thumb-to-open-it-while-he-was-asleep","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58507","title":{"rendered":"TX3: Wife conducted private search of husband’s cell phone by using his thumb to open it while he was asleep"},"content":{"rendered":"\n

In Texas where a private search can be suppressed, defendant showed that his wife accessed his cell phone without his consent, and the search was suppressed. She used his thumb to open the phone while he was asleep. State v. Holloway<\/a>, 2024 Tex. App. LEXIS 5327 (Tex. App. \u2013 Austin July 26, 2024).<\/p>\n\n\n\n

There was probable cause for the search warrant, so the good faith exception doesn\u2019t matter. Stuffed animals in defendant\u2019s bedroom were lawfully seized in plain view where the police knew that defendant\u2019s fentanyl was transported in stuff animals. United States v. Bankhead, 2024 U.S. Dist. LEXIS 131344 (D. Minn. July 25, 2024).*<\/p>\n\n\n\n

In his guilty plea, defendant said his lawyer did everything he asked. In his 2255 he says the lawyer didn\u2019t challenge the search warrant. Which one? How are you prejudiced? Doesn\u2019t say. Denied. Taylor v. United States, 2024 U.S. Dist. LEXIS 131622 (D.S.C. July 25, 2024).*<\/p>\n\n\n\n

Defendant concedes his Fourth Amendment argument isn\u2019t preserved, so he attempts to show counsel ineffective, but he doesn\u2019t show he\u2019d prevail on that claim. People v. Shaw, 2024 NY Slip Op 03936 (4th Dep\u2019t July 26, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

In Texas where a private search can be suppressed, defendant showed that his wife accessed his cell phone without his consent, and the search was suppressed. She used his thumb to open the phone while he was asleep. State v. … 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":[5,23,43,20],"tags":[],"class_list":["post-58507","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-ineffective-assistance","category-private-search","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58507","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=58507"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58507\/revisions"}],"predecessor-version":[{"id":58513,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58507\/revisions\/58513"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58507"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58507"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58507"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}