Defendant was detained by a day care center\u2019s security officer as a sex offender violating the distance restriction. His cell phone and backpack were searched incident to his arrest by the police. The cell phone is found [without any real discussion] to be subject to search incident, but a search warrant was issued for it afterward. Even striking all the information obtained by the search incident, should it later prove unlawful, the affidavit for the search warrant was valid and issued with probable cause. Inevitable discovery applied. United States v. Mann, 2012 U.S. Dist. LEXIS 188722 (W.D. Mo. November 2, 2012).*<\/p>\n
Defense counsel was not ineffective for not challenging a search warrant issued by a judge who had previously ruled against defendant in a civil case. Defense counsel also was not ineffective for not challenging consent by a person living in an apartment defendant was no longer living in because he couldn\u2019t conceivably show standing. Carpenter v. United States, 2013 U.S. Dist. LEXIS 103522 (D. Ore. July 23, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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