{"id":29627,"date":"2017-10-09T06:21:31","date_gmt":"2017-10-09T11:21:31","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=29627"},"modified":"2017-10-09T06:21:31","modified_gmt":"2017-10-09T11:21:31","slug":"oh12-sw-for-text-messages-on-a-cell-phone-was-not-overbroad-where-it-was-limited-to-messages-from-one-person","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=29627","title":{"rendered":"OH12: SW for text messages on a cell phone was not overbroad where it was limited to messages from one person"},"content":{"rendered":"<p>Defendant was a police officer who was suspected of sexual battery of a student ride along. There were text messages, and a search warrant was obtained for his cell phone. The lack of a time frame for the text messages didn\u2019t make the warrant violate the Fourth Amendment because it was limited to one person\u2019s text messages. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/12\/2017\/2017-Ohio-8039.pdf\">State v. Swing<\/a>, 2017-Ohio-8039, 2017 Ohio App. LEXIS 4392 (12th Dist. Oct. 2, 2017).<\/p>\n<p>Defendant argued he had standing because he was an overnight guest because some evidence supported it, but the evidence failed: he failed to establish that he had been invited or granted permission to be there as an overnight guest\u2014or to be there at all\u2014by the owner or lessee. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2017\/2017-Ohio-7944.pdf\">State v. Zaragoza<\/a>, 2017-Ohio-7944, 2017 Ohio App. LEXIS 4362 (2d Dist. Sept. 29, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was a police officer who was suspected of sexual battery of a student ride along. There were text messages, and a search warrant was obtained for his cell phone. The lack of a time frame for the text messages &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=29627\">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":[66,5,7,34],"tags":[],"class_list":["post-29627","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-cell-phones","category-overbreadth","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29627","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=29627"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29627\/revisions"}],"predecessor-version":[{"id":29628,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29627\/revisions\/29628"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29627"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29627"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29627"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}