E.D.N.C.: This iCloud SW not overbroad

The warrant for defendant’s iCloud account was not overbroad. Defendant essentially admitted that the information sought would be found there. United States v. Duncan, 2024 U.S. Dist. LEXIS 11090 (E.D.N.C. Jan. 22, 2024).*

Defendant was in a rental vehicle, but he could not produce the rental agreement to show he was an authorized driver. While that was going on, the officer went back to the car and asked the passenger to check the gas gauge because they were 20 miles from the nearest gas station. Doing that, he saw a marijuana bud, and that was probable cause. United States v. Dawson, 2024 U.S. App. LEXIS 1425 (10th Cir. Jan. 22, 2024).*

The state didn’t file any objections to defendant’s motion to suppress an identification on Fourth Amendment grounds, so it waived that below. The defense succeeding in suppressing defendant’s identification by a witness, but that’s reversed because the defense didn’t put any witnesses on to challenge that in the first place. State v. Scott, 2024 La. App. LEXIS 151 (La. App. 4 Cir. Jan. 22, 2024).*

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