{"id":64728,"date":"2026-08-28T09:16:35","date_gmt":"2026-08-28T14:16:35","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64728"},"modified":"2026-08-28T09:16:35","modified_gmt":"2026-08-28T14:16:35","slug":"e-d-mich-person-a-cell-phone-was-given-to-as-gift-could-consent-to-search","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=64728","title":{"rendered":"E.D.Mich.: Person a cell phone was given to as gift could consent to search"},"content":{"rendered":"\n<p>Defendant gave an old cell phone to his niece. On it, she found child pornography, and she took it to the police who she showed images and texts. The officer didn\u2019t search. She had apparent authority to consent to search of the phone. United States v. Lewis, 2026 U.S. Dist. LEXIS 192542 (E.D. Mich. Aug. 26, 2026).<\/p>\n\n\n\n<p>The search here occurred just before the Ohio courts started holding that the advent of recreational marijuana meant the smell of marijuana in a car wasn\u2019t probable cause. The trial court didn\u2019t rule on good faith, and it\u2019s remanded to the trial court to determine that. State v. Anderson, 2026-Ohio-3329 (1st Dist. Aug. 26, 2026).*<\/p>\n\n\n\n<p>There were two search warrants for two properties of defendant, and one the state wouldn\u2019t rely on at trial. The affidavits were similar and supported each other. The state\u2019s failure to put the one into evidence that didn\u2019t matter to them didn\u2019t justify suppressing the other. State v. Brooks, 2026 La. App. LEXIS 1681 (La. App. 4 Cir Aug. 26, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant gave an old cell phone to his niece. On it, she found child pornography, and she took it to the police who she showed images and texts. The officer didn\u2019t search. She had apparent authority to consent to search &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=64728\">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":[124,30,5,24,11],"tags":[],"class_list":["post-64728","post","type-post","status-publish","format-standard","hentry","category-admissibility-of-evidence","category-apparent-authority-2","category-cell-phones","category-consent","category-good-faith-exception"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64728","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=64728"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64728\/revisions"}],"predecessor-version":[{"id":64729,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64728\/revisions\/64729"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64728"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64728"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64728"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}