{"id":26569,"date":"2017-04-02T17:06:58","date_gmt":"2017-04-02T22:06:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=26569"},"modified":"2017-04-02T17:18:27","modified_gmt":"2017-04-02T22:18:27","slug":"ca5-handing-over-your-phone-in-response-to-do-you-mind-if-i-look-through-your-phone-is-consent","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=26569","title":{"rendered":"CA5: Handing over one&#8217;s phone in response to &#8220;do you mind if I look through your phone?&#8221; is consent"},"content":{"rendered":"<p>Defendant\u2019s stop 30 miles from the border in a corridor known for smuggling was based on reasonable suspicion. When defendant was asked &#8220;do you mind if I look through your phone?&#8221;, he handed it over, and that was consent. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/pub\/16\/16-40333-CR0.pdf\">United States v. Escamilla<\/a>, 2017 U.S. App. LEXIS 5485 (5th Cir. March 29, 2017).<\/p>\n<p>Defendant consented to the officer\u2019s searching his phone calls and text messages for a specific person to locate her, and the limits on that consent were not exceeded. United States v. Todd, 2017 U.S. Dist. LEXIS 48181 (S.D. Ga. Feb. 10, 2017),* adopted, 2017 U.S. Dist. LEXIS 46837 (S.D. Ga. Mar. 29, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s stop 30 miles from the border in a corridor known for smuggling was based on reasonable suspicion. When defendant was asked &#8220;do you mind if I look through your phone?&#8221;, he handed it over, and that was consent. United &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=26569\">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":[5,24],"tags":[],"class_list":["post-26569","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-consent"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26569","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=26569"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26569\/revisions"}],"predecessor-version":[{"id":26573,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26569\/revisions\/26573"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26569"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26569"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26569"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}