{"id":58546,"date":"2024-08-03T09:43:52","date_gmt":"2024-08-03T14:43:52","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58546"},"modified":"2024-08-03T09:43:52","modified_gmt":"2024-08-03T14:43:52","slug":"or-first-cell-phone-sw-found-unexpected-sd-card-second-sw-was-tainted-by-overbreadth-of-first","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58546","title":{"rendered":"OR: First cell phone SW found unexpected SD card, second SW was tainted by overbreadth of first"},"content":{"rendered":"\n<p>Defendant\u2019s cell phone was seized in 2011 and an SD card was unexpectedly found with sexual images of children. When defendant questioned that, a separate search warrant was sought for the SD card. The state does not show inevitable discovery here. <a href=\"https:\/\/cdm17027.contentdm.oclc.org\/digital\/collection\/p17027coll5\/id\/36777\/rec\/1\">State v. Rose<\/a>, 334 Or. App. 66 (July 31, 2024).<\/p>\n\n\n\n<p>No ineffective assistance of counsel in not challenging this warrant. \u201c[T]he Court finds that the October 29 Warrant is sufficiently particular, not overbroad, and satisfies the Fourth Amendment&#8217;s specificity requirement. Moreover, even if the warrant were deficient, the Court would find that the good faith exception to suppression applies. The Government has adequately shown that Steele was not \u2018dishonest or reckless in preparing [his] affidavit\u2019 and he \u2018harbored an objectively reasonable belief in the existence of probable cause.\u2019\u201d United States v. Smith, 2024 U.S. Dist. LEXIS 134067 (D. Nev. July 29, 2024).*<\/p>\n\n\n\n<p>Defendant\u2019s leaving a backpack in the house of another when he fled police was abandonment. United States v. Rahmings, 2024 U.S. App. LEXIS 18919 (11th Cir. July 31, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s cell phone was seized in 2011 and an SD card was unexpectedly found with sexual images of children. When defendant questioned that, a separate search warrant was sought for the SD card. The state does not show inevitable discovery &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=58546\">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":[48,5,23,68,7],"tags":[],"class_list":["post-58546","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-cell-phones","category-ineffective-assistance","category-inevitable-discovery","category-overbreadth"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58546","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=58546"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58546\/revisions"}],"predecessor-version":[{"id":58547,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58546\/revisions\/58547"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58546"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58546"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58546"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}