MT: Search of electronics under SW needs to start by SW expiration, not be completed

The search warrant for numerous electronic devices (phones and tablets) was served within ten days but the search couldn’t be completed for longer than that. The grant of the motion to suppress because of the delay is reversed. The warrant was not stale (time limited) when served. The search needs to start before the expiration date on the warrant under state law. State v. Bao, 2024 MT 308 (Dec. 17, 2024).

A panel of the Ninth Circuit splits on qualified immunity in an excessive force case. The dissent argues that the minimal force applied by some of the officers was still reasonable and they didn’t have to second guess what started the fray. Pachote v. Nelson, 2024 U.S. App. LEXIS 32070 (9th Cir. Dec. 18, 2024).*

The frisk of defendant’s sweatshirt was based on reasonable suspicion when he refused to get out of the car and reached toward the sweatshirt pocket. United States v. Teter, 2024 U.S. App. LEXIS 32074 (3d Cir. Dec. 18, 2024).*

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