The fact the issuing magistrate had to read 65 pages in 21 minutes doesn\u2019t mean he wasn\u2019t neutral and detached. \u201cThe Court is not persuaded by Defendant’s assessment of Judge Morrison’s reading speed, which relies wholly on speculation.\u201d United States v. Washington, 2024 U.S. Dist. LEXIS 205386 (W.D.N.Y. Nov. 12, 2024).<\/p>\n\n\n\n
It wasn\u2019t an arrest until defendant was ordered from the vehicle. The stop was reasonably prolonged with reasonable suspicion. United States v. Bruma, 2024 U.S. Dist. LEXIS 205099 (N.D. Ind. Nov. 12, 2024).*<\/p>\n\n\n\n
\u201cThe record supports the circuit court’s finding of fact that Burrell consented to the search of his cell phone when he handed over the phone to Detective Mayer. In addition, the circuit court expressly rejected Burrell’s testimony about his encounter with Detective Mayer. Consequently, given Detective Mayer’s credible testimony, the circuit court was not plainly wrong or without evidence when it found that Burrell consented to the search of his cell phone. Therefore, the circuit court did not err when it denied Burrell’s motion to suppress the evidence obtained from his cell phone because Burrell consented to the search.\u201d Burrell v. Commonwealth, 2024 Va. App. LEXIS 651 (Nov. 12, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The fact the issuing magistrate had to read 65 pages in 21 minutes doesn\u2019t mean he wasn\u2019t neutral and detached. \u201cThe Court is not persuaded by Defendant’s assessment of Judge Morrison’s reading speed, which relies wholly on speculation.\u201d United States … Continue reading