W.D.Mo.: 26 day delay in getting cell phone SW wasn’t unreasonable

A 26 day delay between seizure of a cell phone and issuance of a search warrant for it was not constitutionally unreasonable. Defendant’s motion for return of the phone is deferred until the trial is over. United States v. Brown, 2022 U.S. Dist. LEXIS 143357 (W.D. Mo. Aug. 11, 2022).*

“Because our precedent establishes that a First Amendment retaliation claim such as Mr. Towne’s accrues when the underlying criminal charge is brought, and because the Supreme Court’s decision in McDonough v. Smith, 139 S. Ct. 2149, 204 L. Ed. 2d 506 (2019), has not disturbed that conclusion, we affirm the judgment of the district court.” Towne v. Donnelly, 2022 U.S. App. LEXIS 22294 (7th Cir. Aug. 11, 2022).*

Defendant was arrested for battery outside his house, and the police entered for a protective sweep which was limited. The co-occupant voluntarily consented to a search of the premises. United States v. Davis, 2022 U.S. App. LEXIS 22295 (7th Cir. Aug. 11, 2022).*

This entry was posted in § 1983 / Bivens, Cell phones, Consent, Protective sweep. Bookmark the permalink.

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