{"id":48934,"date":"2021-07-01T06:20:15","date_gmt":"2021-07-01T11:20:15","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48934"},"modified":"2021-07-01T10:49:34","modified_gmt":"2021-07-01T15:49:34","slug":"la2-cell-phone-seizure-and-search-moot-where-nothing-used-in-court","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48934","title":{"rendered":"LA2: Cell phone seizure and search moot where nothing used in court"},"content":{"rendered":"\n

Contemnor was in a grand jury proceeding, and he was holding his cell phone like he was recording it. Based on witness reports, a contempt order issued and the phone was seized. The court issued an order authorizing it be searched. His Fourth Amendment claim fails. Nothing from the phone was used in the contempt proceeding, and, even if it had been, it would be harmless on this record. [The opinion doesn\u2019t even suggest there was a Fourth Amendment violation; court order = warrant; observations = PC.] In re Grand Jury Proceedings Contempt \u2013 Jones<\/a>, 2021 La. App. LEXIS 1007 (La. App. 2 Cir. June 30, 2021).*<\/p>\n\n\n\n

\u201cThe Court finds that the affiant’s omission of these two deals — which took place months before the search warrant affidavit was signed — was neither reckless nor intentional, and certainly not similar to the omissions and misstatements outlined in the caselaw mentioned above.\u201d United States v. Briggs, 2021 U.S. Dist. LEXIS 122015 (D. Haw. June 30, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Contemnor was in a grand jury proceeding, and he was holding his cell phone like he was recording it. Based on witness reports, a contempt order issued and the phone was seized. The court issued an order authorizing it be … Continue reading →<\/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":[5,21],"tags":[],"class_list":["post-48934","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-franks-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48934","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=48934"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48934\/revisions"}],"predecessor-version":[{"id":48936,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48934\/revisions\/48936"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48934"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48934"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48934"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}