E.D.Tex.: Search incident of a cell phone is reasonable in the Fifth Circuit

Relying on circuit precedent, a seizure and then search of a cell phone on an arrest with probable cause was reasonable. United States v. Johnson, 2012 U.S. Dist. LEXIS 99099 (E.D. Tex. June 18, 2012).*

The affidavit for the search warrant adequately showed that the defendant ran a drug trafficking organization from his business, and that justified an all records search warrant. “And, given the nature of the crime being investigated, the list of the items to be seized, although broad and covering many categories of items, was sufficiently particular and not over-broad.” United States v. Santiago Villaueva Pineda, 2012 U.S. Dist. LEXIS 98692 (N.D. Ga. June 4, 2012).*

2255 movant’s search claims were already subject to “full and fair litigation.” His claim that “the date stamp on the search warrant application equates with fraud is utterly frivolous, inasmuch as the stamp only indicates the day that the application was received by the clerk’s office following the application’s approval by the undersigned. His other arguments are also deficient, inasmuch as they rely upon self-serving allegations with no support other than the movant’s word. The movant demonstrates neither error by his counsel nor cause and prejudice, and these claims accordingly fail.” Hicks v. United States, 2012 U.S. Dist. LEXIS 99118 (S.D. W.Va. January 12, 2012).*