{"id":38908,"date":"2019-08-04T06:57:46","date_gmt":"2019-08-04T11:57:46","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=38908"},"modified":"2019-09-02T06:26:21","modified_gmt":"2019-09-02T11:26:21","slug":"ca8-parole-search-of-cell-phone-was-reasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=38908","title":{"rendered":"CA8: Parole search of cell phone was reasonable"},"content":{"rendered":"<p>Defendant was on supervised release in Minnesota as a result of a state conviction. His cell phone was subject to search on reasonable suspicion, and Riley does not bar a parole or probation search of a cell phone. Moreover, his release conditions put him on notice. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/19\/08\/181025P.pdf\">United States v. Collier<\/a>, 2019 U.S. App. LEXIS 23022 (Aug. 1, 2019).<\/p>\n<p>Defendant\u2019s staleness of a child pornography search warrant for cell phones and other digital devices was waived by his guilty plea. [Not to mention the fact that, to my knowledge, no staleness challenge has ever worked in a child porn case.] <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=293050\">State v. Rogers<\/a>, 2019 Del. Super. LEXIS 365 (July 26, 2019).*<\/p>\n<p>All the searches of defendant\u2019s car came from the extended detention without reasonable suspicion. The R&#038;R is adopted, and the evidence is suppressed. United States v. Ayala-Garcia, 2019 U.S. Dist. LEXIS 128654 (D. Ariz. Aug. 1, 2019),* reconsideration denied, 2019 U.S. Dist. LEXIS 147152 (D. Ariz. Aug. 29, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was on supervised release in Minnesota as a result of a state conviction. His cell phone was subject to search on reasonable suspicion, and Riley does not bar a parole or probation search of a cell phone. Moreover, his &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=38908\">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":[5,58,35],"tags":[],"class_list":["post-38908","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-probationparole-search","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38908","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=38908"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38908\/revisions"}],"predecessor-version":[{"id":39474,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38908\/revisions\/39474"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=38908"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=38908"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=38908"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}