D.Md.: Def voluntarily entered passcode into phone where there was a SW for his face and fingerprint to open it

Police had a search warrant for defendant’s cell phone and face and fingerprint to open it. He remained silent. They got past the first step and the phone asked for the passcode. He entered the first four digits without prompting and stopped. The officer correctly deduced it was his DOB. Looking at the video, the court concludes the entering of the four digits was consensual. “[T]he Court finds that, even though entering the passcode implicates the protections of Miranda, the exclusionary rule does not apply because in the totality of the circumstances, the Defendant’s will was not overborne and he entered the passcode voluntarily.” United States v. Bendann, 2024 U.S. Dist. LEXIS 86402 (D. Md. May 10, 2024).

This community caretaking search for a firearm resulted in validly finding drugs. State v. Moore, 2024 La. App. LEXIS 781 (La. App. 4 Cir May 10, 2024).*

Plain view of the butt of a gun in a car supported its seizure. People v. Asad, 2024 VI SUPER 20, 2024 V.I. LEXIS 22 (Apr. 26, 2024).*

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