TN: No standing in text messages on codef’s cell phone

Defense counsel could not be ineffective for not moving to suppress text messages on the codefendant’s cell phone where defendant had no standing. Wells v. State, 2021 Tenn. Crim. App. LEXIS 553 (Dec. 7, 2021).

There is no reasonable expectation of privacy whatsoever in recorded jail calls to non-lawyers. People v. Criscuolo, 2021 NY Slip Op 06813, 2021 N.Y. App. Div. LEXIS 6843 (1st Dep. Dec. 7, 2021).*

“The protective sweep here was consistent with Buie prong 1. Guerrier does not contest that the search was brief and ‘narrowly confined to a cursory visual inspection of those places in which a person might be hiding.’ Buie, 494 U.S at 327. In fact, the record shows that the sweep took approximately two minutes, and there is no suggestion that it went beyond a cursory inspection. The only issue is whether the sweep of the upstairs rooms was permissible. This requires us to consider whether those areas were ‘immediately adjoining the place of arrest from which an attack could be immediately launched.’ Buie, 494 U.S. at 334. Given the layout and size of the home, we agree with the District Court that the entire apartment immediately adjoined the living room in which Guerrier was arrested. United States v. Guerrier, 2021 U.S. App. LEXIS 35995 (3d Cir. Dec. 7, 2021).*

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