{"id":41836,"date":"2020-01-19T09:39:15","date_gmt":"2020-01-19T14:39:15","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41836"},"modified":"2020-01-19T09:39:15","modified_gmt":"2020-01-19T14:39:15","slug":"mo-when-theres-one-black-phone-to-be-seized-and-searched-thats-all-the-sw-needs-to-describe","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=41836","title":{"rendered":"MO: When there&#8217;s one black phone to be seized and searched, that&#8217;s all the SW needs to describe"},"content":{"rendered":"<p>Identifying the thing to be searched as a \u201cblack Samsung cell phone with a black case\u201d was specific enough without including the phone number or serial number when there was only one in hand. <a href=\"https:\/\/www.courts.mo.gov\/file.jsp?id=148553\">State v. Bales<\/a>, 2020 Mo. App. LEXIS 32 (Jan. 14, 2020):<br \/>\n<!--more--><\/p>\n<blockquote><p>Prosecutor argues that the scope of search warrant 1 was only one item: a black Samsung cell phone, and &#8220;[i]t is difficult to imagine how [Detective Fenton] could have been more descriptive without first seizing the phone from [Defendant] to check for serial numbers or a specific model number.&#8221; Defendant argues that the language &#8220;Black Samsung with black case&#8221; does not &#8220;particularly describe the place to be searched, and the persons or things to be seized[,]&#8221; in that the warrant failed to include the phone number of the cell phone that law enforcement sought to search.<\/p>\n<p>The description in search warrant 1 provided sufficient detail to allow officers to locate and identify the item of property to be searched \u2014 here, a black cell phone located in a particular residence \u2014 with reasonable effort and without a reasonable probability that other items of property would be mistakenly searched. See Hardy, 497 S.W.3d at 840.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Identifying the thing to be searched as a \u201cblack Samsung cell phone with a black case\u201d was specific enough without including the phone number or serial number when there was only one in hand. State v. Bales, 2020 Mo. App. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=41836\">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":[5,65],"tags":[],"class_list":["post-41836","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-particularity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41836","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=41836"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41836\/revisions"}],"predecessor-version":[{"id":41837,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41836\/revisions\/41837"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41836"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41836"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41836"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}