E.D.Va.: Must plead prejudice when delay of a cell phone SW is alleged

Defendant’s cell phone was validly seized by the police but they didn’t get a warrant until nine months later. He says it’s a “clear violation” of the Fourth Amendment but he doesn’t allege any prejudice. Denied. United States v. Campbell, 2024 U.S. Dist. LEXIS 79449 (E.D. Va. Apr. 30, 2024).

First defendant in the same case: Defense counsel’s not challenging how defendant was dressed after a search of the house he was in when he was pursued for bank robbery was reasonable because he had plenty of time to change his clothes. United States v. Campbell, 2024 U.S. Dist. LEXIS 79452 (E.D. Va. Apr. 30, 2024).*

“The Court does not find that the warrant was so lacking in probable cause to render TFO Lehr’s belief entirely unreasonable. TFO Lehr had knowledge of Defendant’s previous involvement with drug activity. He also, based on his training and knowledge, as well as surveillance of 1210 N. Bengel Street, had reasonable belief that illicit drug trafficking was occurring at the residence. The Court further finds that Defendant did not carry his burden in rebutting the presumption that law enforcement acted in good faith. The evidence seized pursuant to the search warrant is not subject to the exclusionary rule.” United States v. Smith, 2024 U.S. Dist. LEXIS 79500 (C.D. Ill. Apr. 30, 2024).*

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