{"id":43760,"date":"2020-05-15T09:11:22","date_gmt":"2020-05-15T14:11:22","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43760"},"modified":"2020-05-15T10:04:37","modified_gmt":"2020-05-15T15:04:37","slug":"ma-police-answering-call-to-seized-cell-phone-was-unreasonable-without-sw","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=43760","title":{"rendered":"MA: Police answering call to seized cell phone was unreasonable without SW"},"content":{"rendered":"\n<p>Defendant\u2019s cell phone was seized by the police. A call came in about 74 minutes later, and it was answered. The state could have obtained a search warrant before that and did not, and it didn\u2019t show that it couldn\u2019t. Police answering the phone lacked exigent circumstances, nor was answering the phone valid under inventory. <a href=\"https:\/\/www.mass.gov\/files\/documents\/2020\/05\/14\/e18P1079.pdf\">Commonwealth v. Barrett<\/a>, 2020 Mass. App. LEXIS 52 (May 14, 2020).<\/p>\n\n\n\n<p>Suppression hearing testimony from the officer that he was told that defendant was driving a car that was seized does nothing to prove defendant\u2019s standing to challenge the seizure and search of the car. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/8\/2020\/2020-Ohio-2943.pdf\">State v. Ayers<\/a>, 2020-Ohio-2943, 2020 Ohio App. LEXIS 1887 (8th Dist. May 14, 2020).<br \/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s cell phone was seized by the police. A call came in about 74 minutes later, and it was answered. The state could have obtained a search warrant before that and did not, and it didn\u2019t show that it couldn\u2019t. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=43760\">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":[5,34],"tags":[],"class_list":["post-43760","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43760","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=43760"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43760\/revisions"}],"predecessor-version":[{"id":43765,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43760\/revisions\/43765"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43760"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43760"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43760"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}