{"id":32139,"date":"2018-03-08T08:44:22","date_gmt":"2018-03-08T13:44:22","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32139"},"modified":"2018-03-09T06:47:05","modified_gmt":"2018-03-09T11:47:05","slug":"ca10-gfe-applied-to-cell-phone-sw-in-ks-were-phone-was-actually-searched-in-mo","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=32139","title":{"rendered":"CA10: GFE applied to cell phone SW in KS where phone was actually searched in MO"},"content":{"rendered":"<p>Search incident did not justify seizure of defendant\u2019s cell phone when he was arrested because he\u2019d been separated from the cell phone. The government\u2019s claim that officers seizing the cell phone were proceeding under \u201cdirection of\u201d defendant\u2019s PO is rejected because the PO left the premises before all that happened. Still, however, the seizure of the phone was valid as a parole seizure because of the special needs exception. A state search warrant was issued for the cell phone in Kansas City, Kansas, and it was actually searched by a computer lab in Kansas City, Missouri. The good faith exception sustains that search. <a href=\"https:\/\/www.ca10.uscourts.gov\/opinions\/16\/16-3294.pdf\">United States v. Pacheco<\/a>, 2018 U.S. App. LEXIS 5717 (10th Cir. Mar. 7, 2018).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Search incident did not justify seizure of defendant\u2019s cell phone when he was arrested because he\u2019d been separated from the cell phone. The government\u2019s claim that officers seizing the cell phone were proceeding under \u201cdirection of\u201d defendant\u2019s PO is rejected &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=32139\">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":[5,11,26,16],"tags":[],"class_list":["post-32139","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-good-faith-exception","category-search-incident","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32139","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=32139"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32139\/revisions"}],"predecessor-version":[{"id":32141,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32139\/revisions\/32141"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32139"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32139"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32139"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}