Police had reason to believe defendant was in the apartment they entered with an arrest warrant for a Hobbs Act home invasion robbery: \u201cThe Court finds that the police reasonably believed prior to entry that Mr. Stewart resided at the apartment and would be present on September 7, 2012. Agent Troiano testified that the car he observed Mr. Stewart get into the day before was parked at the apartment. The car was still there when law enforcement arrived the next day to execute the warrant. Mr. Stewart’s cell phone was tracked to the apartment up to the moment of entry.\u201d Therefore, the entry was lawful and so was the search because the cotenant consented to a search. United States v. Stewart, 2015 U.S. Dist. LEXIS 47221 (D.R.I. April 9, 2015).<\/p>\n
Courts have consistently held that peer-to-peer file sharing is a waiver of any reasonable expectation of privacy in a computer under the Fourth Amendment. Washington adopts that for its state constitution as well. State v. Peppin<\/a>, 2015 Wash. App. LEXIS 748 (April 9, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":" Police had reason to believe defendant was in the apartment they entered with an arrest warrant for a Hobbs Act home invasion robbery: \u201cThe Court finds that the police reasonably believed prior to entry that Mr. Stewart resided at the … Continue reading