NC: SW for documents permitted officers to leaf though def’s rehab journal

Officers had a warrant that included documents. An officer leafed through defendants drug abuse/recovery journal looking for things within the warrant without really reading it. He came upon evidence of another crime. A second warrant was obtained for the journal. The leafing through the journal was a reasonable search under the terms of the warrant. State v. Hagaman, 2024 N.C. App. LEXIS 55 (Jan. 16, 2024).

Defendant, walking with a suitcase, was stopped in Newark’s Penn Station. He ultimately fled the encounter, leaving the suitcase behind. It was abandoned. State v. Gartrell, 2024 N.J. LEXIS 54 (Jan. 17, 2024).

There was no probable cause for defendant’s early morning arrest. His backing away with lights off from another vehicle with an alleged confederate doesn’t add anything to the probable cause determination. His consent to search his cell phone hours later was tainted by the unlawful arrest, and it should be suppressed. United States v. Castro-Lee, 2024 U.S. Dist. LEXIS 8657 (D.P.R. Jan. 12, 2024).*

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