{"id":16129,"date":"2015-02-28T00:14:35","date_gmt":"2015-02-28T05:14:35","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=16129"},"modified":"2015-02-27T17:20:22","modified_gmt":"2015-02-27T22:20:22","slug":"d-v-i-no-reasonable-expectation-of-privacy-in-a-cell-phone-in-a-jail-cell","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=16129","title":{"rendered":"D.V.I.: No reasonable expectation of privacy in a cell phone in a jail cell"},"content":{"rendered":"<p>A person in jail has no reasonable expectation of privacy in a cell phone found hidden in the cell, prison contraband, and a warrantless search of the cell phone is proper. United States v. Boyce, 2015 U.S. Dist. LEXIS 23129 (D.V.I. February 26, 2015).<\/p>\n<p>No matter which version of the facts is credited, that defendant struggled with the officers during the stop or was merely uncooperative, the officer could smell marijuana and that furnished a basis to search the car. United States v. Hickman-Smith, 2015 U.S. Dist. LEXIS 22885 (D. Neb. January 15, 2015).*<\/p>\n<p>It was objectively reasonable for the officer to conclude that defendant failed to signal at the red light when he turned right. State statute says 200&#8242; out from the turn. He says he decided while he was sitting there to turn right. Either way, the signal wasn\u2019t used, and his subjective intent doesn\u2019t diminish the officer\u2019s objective observation. <a href=\"http:\/\/www.in.gov\/judiciary\/opinions\/pdf\/02251501jss.pdf\">Peak v. State<\/a>, 2015 Ind. App. LEXIS 110 (February 25, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A person in jail has no reasonable expectation of privacy in a cell phone found hidden in the cell, prison contraband, and a warrantless search of the cell phone is proper. United States v. Boyce, 2015 U.S. Dist. LEXIS 23129 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=16129\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[20,18,63],"tags":[],"class_list":["post-16129","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-reasonable-expectation-of-privacy","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16129","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=16129"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16129\/revisions"}],"predecessor-version":[{"id":16130,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16129\/revisions\/16130"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16129"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16129"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16129"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}