{"id":36482,"date":"2019-02-21T04:14:35","date_gmt":"2019-02-21T09:14:35","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=36482"},"modified":"2019-02-21T04:14:35","modified_gmt":"2019-02-21T09:14:35","slug":"w-d-wash-14-month-delay-in-searching-seized-cell-phone-was-reasonable-because-it-wouldnt-have-been-returned-anyway","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=36482","title":{"rendered":"W.D.Wash.: 14 month delay in searching seized cell phone was reasonable because it wouldn’t have been returned anyway"},"content":{"rendered":"

A 14 month delay between seizure and search of defendant\u2019s cell phone was not unreasonable because the phone would not have been returned to defendant in any event. Plus, he was in jail and couldn\u2019t possess it. United States v. Taylor, 2019 U.S. Dist. LEXIS 25262 (W.D. Wash. Feb. 16, 2019).<\/p>\n

The CI was named and gave information against penal interest, and it was detailed and corroborated and it gave probable cause. The state\u2019s good faith exception argument is moot. State v. Foster, 2019 N.C. App. LEXIS 155 (Feb. 19, 2019).<\/p>\n

Part of the motion to suppress isn\u2019t timely, and it is therefore waived. United States v. Johnson, 2019 U.S. Dist. LEXIS 26097 (S.D. N.Y. Feb. 19, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"

A 14 month delay between seizure and search of defendant\u2019s cell phone was not unreasonable because the phone would not have been returned to defendant in any event. Plus, he was in jail and couldn\u2019t possess it. United States v. … 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":[5,44,6,63],"tags":[],"class_list":["post-36482","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-informant-hearsay","category-motion-to-suppress","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36482","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=36482"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36482\/revisions"}],"predecessor-version":[{"id":36483,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36482\/revisions\/36483"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=36482"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=36482"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=36482"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}