{"id":35585,"date":"2018-11-28T05:43:24","date_gmt":"2018-11-28T10:43:24","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=35585"},"modified":"2018-11-28T05:43:24","modified_gmt":"2018-11-28T10:43:24","slug":"tx1-no-rep-in-a-contraband-cell-phone-in-a-halfway-house","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=35585","title":{"rendered":"TX1: No REP in a contraband cell phone in a halfway house"},"content":{"rendered":"

There is no reasonable expectation of privacy in a contraband cell phone possessed by a sex offender in a halfway house. The phone was subject to search like any other personal property, and defendant had a prohibition against possession of pornography. Child pornography was found on the cell phone in a cursory search. This search of the phone did not offend Riley. Howard v. State<\/a>, 2018 Tex. App. LEXIS 9616 (Tex. App. \u2013 Houston (1st Dist.) Nov. 27, 2018).<\/p>\n

After Carpenter, defendant filed a motion for new trial. \u201cThe Court agrees that Carpenter applies retroactively to her case. But the question of whether a constitutional right is retroactive is distinct from the question of whether an individual is entitled to a remedy from any constitutional violation.\u201d Under Davis good faith, the evidence would have come in anyway. United States v. Leyva, 2018 U.S. Dist. LEXIS 199327 (E.D. Mich. Nov. 26, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"

There is no reasonable expectation of privacy in a contraband cell phone possessed by a sex offender in a halfway house. The phone was subject to search like any other personal property, and defendant had a prohibition against possession of … Continue reading →<\/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":[5,11,58,18],"tags":[],"class_list":["post-35585","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-good-faith-exception","category-probationparole-search","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35585","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=35585"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35585\/revisions"}],"predecessor-version":[{"id":35586,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35585\/revisions\/35586"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35585"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35585"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35585"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}