{"id":13211,"date":"2014-09-17T00:41:37","date_gmt":"2014-09-17T05:41:37","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=13211"},"modified":"2014-09-15T07:44:13","modified_gmt":"2014-09-15T12:44:13","slug":"cal-2-pre-riley-cell-phone-search-incident-expressly-authorized-by-case-law-so-davis-gfe-applies","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=13211","title":{"rendered":"Cal.2: Pre-Riley cell phone search incident expressly authorized by case law so Davis GFE applies"},"content":{"rendered":"

The pre-Riley search of defendant\u2019s cell phone was expressly permitted by California case law at the time of the search, so the good faith exception applies. People v. Macabeo<\/a>, 2014 Cal. App. LEXIS 793 (2d Dist. September 3, 2014).<\/p>\n

Based on observations of and conversations with the consenter, it was reasonable for the officer to believe that he had sufficient authority to consent to an entry into the premises. A frisk of two persons inside was permissible because their connection to the premises wasn\u2019t known at the time and they were known to have past weapons convictions. Spann v. Commonwealth<\/a>, 2014 Ky. App. LEXIS 149 (September 5, 2014).*<\/p>\n

A motel clerk received three different complaints about the defendant in his room probably selling drugs, and he called the police. While it was all hearsay it was not inadequate for the police to come to the room. State v. Hunt<\/a>, 2014 Ore. App. LEXIS 1191 (September 4, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The pre-Riley search of defendant\u2019s cell phone was expressly permitted by California case law at the time of the search, so the good faith exception applies. People v. Macabeo, 2014 Cal. App. LEXIS 793 (2d Dist. September 3, 2014). Based … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[30,5,11,44],"tags":[],"class_list":["post-13211","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-cell-phones","category-good-faith-exception","category-informant-hearsay"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13211","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=13211"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13211\/revisions"}],"predecessor-version":[{"id":13212,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13211\/revisions\/13212"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13211"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13211"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13211"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}