{"id":39593,"date":"2019-09-08T18:45:42","date_gmt":"2019-09-08T23:45:42","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39593"},"modified":"2019-09-08T18:45:42","modified_gmt":"2019-09-08T23:45:42","slug":"oh8-misstating-the-owner-of-a-cell-phone-in-warrant-application-was-not-material-when-it-was-seized-as-part-of-a-burglary-conspiracy","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39593","title":{"rendered":"OH8: Misstating the owner of a cell phone in warrant application was not material when it was seized as part of a burglary conspiracy"},"content":{"rendered":"<p>A burglar alarm in an industrial area at 1 am brought the police who saw men scattering, and one vehicle leaving. There was reasonable suspicion for stopping the vehicle. The search warrant for a cell phone was proper because it was based on probable cause although it misstated which of the conspirators owned it. That also was negligence at worst and doesn\u2019t justify suppression. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/8\/2019\/2019-Ohio-3566.pdf\">State v. Newton<\/a>, 2019-Ohio-3566, 2019 Ohio App. LEXIS 3651 (8th Dist. Sept. 5, 2019).*<\/p>\n<p>Defendant doesn\u2019t have standing to challenge the search of another person\u2019s car from which cash in the conspiracy was seized. United States v. Ugarte, 2019 U.S. Dist. LEXIS 150656 (W.D. Tex. Sept. 4, 2019).* <\/p>\n","protected":false},"excerpt":{"rendered":"<p>A burglar alarm in an industrial area at 1 am brought the police who saw men scattering, and one vehicle leaving. There was reasonable suspicion for stopping the vehicle. The search warrant for a cell phone was proper because it &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39593\">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":[21,34],"tags":[],"class_list":["post-39593","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39593","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=39593"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39593\/revisions"}],"predecessor-version":[{"id":39594,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39593\/revisions\/39594"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39593"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39593"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39593"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}