Daily Archives: February 2, 2023

W.D.N.C.: Def must state phone is his to have standing to contest SW

Without acknowledging the cell phone police searched was his, defendant did not show standing to contest the search. Even so, the use of forensic software to bypass the password protection on the phone didn’t make the search unreasonable. United States … Continue reading

Posted in Cell phones, Good faith exception, Qualified immunity, Scope of search | Comments Off on W.D.N.C.: Def must state phone is his to have standing to contest SW

W.D.N.C.: Frisk by security at a bar was purely private search

Defendant was frisked by security entering a bar, and a gun was found. They kept it for the police. This was purely a private search. United States v. Wood, 2023 U.S. Dist. LEXIS 16555 (W.D.N.C. Feb. 1, 2023). The district … Continue reading

Posted in Automobile exception, Plain view, feel, smell, Private search | Comments Off on W.D.N.C.: Frisk by security at a bar was purely private search

CA11: Stop on RS can’t go on indef

A stop on reasonable suspicion cannot go on indefinitely. Here, there was video of an encounter but defendant deleted it from the phone of the victim. She’d sent it to another before that, and she was trying to get it … Continue reading

Posted in Reasonable suspicion, Reasonableness | Comments Off on CA11: Stop on RS can’t go on indef