{"id":39272,"date":"2019-08-22T05:14:09","date_gmt":"2019-08-22T10:14:09","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39272"},"modified":"2019-08-22T05:14:09","modified_gmt":"2019-08-22T10:14:09","slug":"mt-overseizure-of-contents-of-cell-phone-didnt-prejudice-def-where-the-overseized-information-was-not-offered-at-trial","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39272","title":{"rendered":"MT: Overseizure of contents of cell phone didn&#8217;t prejudice def where the overseized information was not offered at trial"},"content":{"rendered":"<p>Defendant argued that the search of his cell phone violated the Fourth Amendment because more was seized than the warrant allowed. Since none of the excess was offered by the state, he wasn\u2019t prejudiced, and the over seizure didn\u2019t void the entire warrant. <a href=\"https:\/\/searchcourts.mt.gov\/APP\/connector\/1\/221\/url\/321Z38M_0H4YD9END00000Z.pdf\">State v. Haithcox<\/a>, 2019 MT 201, 2019 Mont. LEXIS 375 (Aug. 20, 2019).<\/p>\n<p>Trial counsel wasn\u2019t ineffective for not raising an objection CSLI information at trial because case law didn\u2019t support it at the time. <a href=\"https:\/\/www.gasupreme.us\/wp-content\/uploads\/2019\/08\/s19a0818.pdf\">Walker v. State<\/a>, 2019 Ga. LEXIS 509 (Aug. 19, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant argued that the search of his cell phone violated the Fourth Amendment because more was seized than the warrant allowed. Since none of the excess was offered by the state, he wasn\u2019t prejudiced, and the over seizure didn\u2019t void &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39272\">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":[5,84,101],"tags":[],"class_list":["post-39272","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-cell-site-location-information","category-overseizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39272","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=39272"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39272\/revisions"}],"predecessor-version":[{"id":39273,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39272\/revisions\/39273"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39272"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39272"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39272"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}