There was probable cause for the search of defendant\u2019s cell phones in his car. He fled from an attempt to make a purchase at a store with a stolen prepaid credit card. When his car was stopped, he consented to a search of the car that produced several prepaid cards still in their packaging. There was a reasonable inference of a fraud conspiracy for search for communications with the co-conspirators. There was a passenger in the car with him. In any event, the good faith exception would apply. United States v. Kumara, 2017 U.S. Dist. LEXIS 82592 (E.D. Va. May 30, 2017).<\/p>\n
Evidence about how the police entered defendant\u2019s apartment wasn\u2019t \u201cnewly discovered\u201d for new trial purposes. Moreover, a motion for new trial can\u2019t be used to relitigate the motion to suppress. United States v. O’Brien, 2017 U.S. Dist. LEXIS 83259 (E.D. N.Y. May 31, 2017).<\/p>\n","protected":false},"excerpt":{"rendered":"
There was probable cause for the search of defendant\u2019s cell phones in his car. He fled from an attempt to make a purchase at a store with a stolen prepaid credit card. When his car was stopped, he consented to … Continue reading