{"id":49561,"date":"2021-09-06T10:15:28","date_gmt":"2021-09-06T15:15:28","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49561"},"modified":"2021-09-07T09:07:21","modified_gmt":"2021-09-07T14:07:21","slug":"mo-sw-for-cell-phone-at-defs-house-wasnt-properly-executed-on-his-phone-at-police-station","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49561","title":{"rendered":"MO: SW for cell phone at def’s house wasn’t properly executed on his phone at police station"},"content":{"rendered":"\n

This cell phone search warrant was for a black Samsung in a black case at defendant\u2019s address. It was executed at the police department, not defendant\u2019s house. The trial court properly suppressed and properly held the good faith exception did not apply. State v. Bales<\/a>, 2021 Mo. LEXIS 265 (Aug. 31, 2021).<\/p>\n\n\n\n

\u201cConsidering the totality of the circumstances in this case, Trooper Pettit had reasonable suspicion to extend the stop. Trooper Pettit, a law enforcement officer with over 25 years of experience, has attended numerous drug-interdiction trainings each year since 2008 and has participated in as many as 100 traffic stops resulting in criminal seizures. Numerous facts alerted this experienced officer that criminal activity was afoot.\u201d Individually, maybe not, but there was on the totality. Defendant also consented to a search of his car. United States v. Gastelum<\/a>, 2021 U.S. App. LEXIS 26351 (8th Cir. Sept. 1, 2021) (2-1).*<\/p>\n\n\n\n

Defendant waived the suppression issue for appeal. (1) With a partial record, the issues have to be identified and they weren\u2019t. (2) Defendant didn\u2019t object at trial when the evidence was offered. McAfee-Jackson v. State<\/a>, 2021 Tex. App. LEXIS 7297 (Tex. App. \u2013 Beaumont Sept. 1, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

This cell phone search warrant was for a black Samsung in a black case at defendant\u2019s address. It was executed at the police department, not defendant\u2019s house. The trial court properly suppressed and properly held the good faith exception did … 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":[24,35,129,16],"tags":[],"class_list":["post-49561","post","type-post","status-publish","format-standard","hentry","category-consent","category-reasonable-suspicion","category-waiver","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49561","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=49561"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49561\/revisions"}],"predecessor-version":[{"id":49575,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49561\/revisions\/49575"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49561"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49561"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49561"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}