{"id":63596,"date":"2026-03-17T13:12:00","date_gmt":"2026-03-17T18:12:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63596"},"modified":"2026-03-17T14:13:49","modified_gmt":"2026-03-17T19:13:49","slug":"nh-exigency-didnt-exist-for-cell-phone-pings","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=63596","title":{"rendered":"NH: Exigency didn&#8217;t exist for cell phone pings"},"content":{"rendered":"\n<p>Officers got a warrant for a cell site simulator to look for defendant\u2019s phone fearing he was leaving the country by air from JFK to Europe to evade arrest, but they didn\u2019t use it. Also, the flight he was scheduled on was 2\u00bc days away (per HSI), and the crime was five months ago. They got exigency based pings and finally located him. The trial court denied the motion to suppress. True exigency was lacking; they had plenty of time to get a warrant. The state also argued inevitable discovery as an alternative but the trial court didn\u2019t rule on that. Remanded to take that up. <a href=\"https:\/\/www.courts.nh.gov\/sites\/g\/files\/ehbemt471\/files\/documents\/2026-03\/2026011clegg.pdf\">State v. Clegg<\/a>, 2026 N.H. 11 (Mar. 17, 2026).<\/p>\n\n\n\n<p>Inventory just barely wasn\u2019t pretextual: \u201cThe Government narrowly met that burden in this case only because the Court found no evidence that Officer Hanson&#8217;s reliance on the inventory search exception was pretextual.\u201d United States v. Lewis, 2026 U.S. Dist. LEXIS 53282 (D. Minn. Mar. 16, 2026).*<\/p>\n\n\n\n<p>It\u2019s not ineffective assistance of counsel to fail to seek suppression on meritless grounds. Here, the entry was by consent from the victim. Acy v. United States, 2026 U.S. Dist. LEXIS 53395 (N.D. Tex. Mar. 16, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers got a warrant for a cell site simulator to look for defendant\u2019s phone fearing he was leaving the country by air from JFK to Europe to evade arrest, but they didn\u2019t use it. Also, the flight he was scheduled &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=63596\">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":[84,82,3],"tags":[],"class_list":["post-63596","post","type-post","status-publish","format-standard","hentry","category-cell-site-location-information","category-cs-sim","category-emergency-exigency"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63596","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=63596"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63596\/revisions"}],"predecessor-version":[{"id":63597,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63596\/revisions\/63597"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63596"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63596"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63596"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}