{"id":34833,"date":"2018-09-20T07:37:56","date_gmt":"2018-09-20T12:37:56","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=34833"},"modified":"2018-09-20T07:37:56","modified_gmt":"2018-09-20T12:37:56","slug":"ar-cell-phone-search-suppressed-and-state-gets-do-over-with-independent-source-doctrine","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=34833","title":{"rendered":"AR: Cell phone search suppressed and state gets do over with independent source doctrine"},"content":{"rendered":"<p>Probable cause was shown for a search warrant for a cell phone for taking video of defendant\u2019s daughters changing clothes under a door. The independent source doctrine permitted police to get a second search warrant for the phone after the first was suppressed for failing to accurately describe how the police came into possession of the phone. The contents of the prior search didn\u2019t make it into the affidavit. <a href=\"https:\/\/opinions.arcourts.gov\/ark\/courtofappeals\/en\/item\/344451\/index.do\">Johnson v. State<\/a>, 2018 Ark. App. 429, 2018 Ark. App. LEXIS 524 (Sep. 19, 2018).<\/p>\n<p>Police were called about a trespasser at 2:45 am and defendant was stopped after officers saw him driving erratically and on the wrong side of the road. Defendant\u2019s fast speech and explanation that he was on the other person\u2019s property looking for a vehicle title at 2:45 am and his driving on the wrong side of the road supported reasonable suspicion that defendant was driving under the influence of drugs. The stop was reasonable in length. Defendant wasn\u2019t handcuffed when the officer was talking to him, and that here means he was not in custody. The government concedes that some of the evidence can be suppressed, so that\u2019s as far as it\u2019s granted. United States v. Marin, 2018 U.S. Dist. LEXIS 159967 (N.D. Iowa Sep. 19, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Probable cause was shown for a search warrant for a cell phone for taking video of defendant\u2019s daughters changing clothes under a door. The independent source doctrine permitted police to get a second search warrant for the phone after the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=34833\">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":[5,60,35],"tags":[],"class_list":["post-34833","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-independent-source","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34833","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=34833"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34833\/revisions"}],"predecessor-version":[{"id":34834,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34833\/revisions\/34834"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34833"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34833"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34833"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}