{"id":50096,"date":"2021-10-30T12:59:52","date_gmt":"2021-10-30T17:59:52","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50096"},"modified":"2021-10-30T12:59:52","modified_gmt":"2021-10-30T17:59:52","slug":"tx1-commercial-truck-driver-had-standing-to-challenge-seizure-of-cell-phone-from-truck-after-his-arrest","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50096","title":{"rendered":"TX1: Commercial truck driver had standing to challenge seizure of cell phone from truck after his arrest"},"content":{"rendered":"\n

Defendant retained a reasonable expectation of privacy in his cell phone that was left in the semi he was driving for a commercial carrier when he was arrested. The owner of the truck retrieved the phone and sent it to the police. The police had executed a search warrant on the truck before but didn\u2019t seize the phone. The phone had child pornography on it. There was no intervening circumstance, and the police exploited the illegality. Reversed. Defendant was convicted of assault of a child. King v. State<\/a>, 2021 Tex. App. LEXIS 8696 (Tex. App. \u2013 Houston (1st Dist.) Oct. 27, 2021).<\/p>\n\n\n\n

Defendant\u2019s illegal arrest required suppression of the strip search at book-in. State v. Astorga<\/a>, 2021 Tex. App. LEXIS 8678 (Tex. App. \u2013 El Paso Oct. 27, 2021).<\/p>\n\n\n\n

Defendant\u2019s request for search warrant materials five years after his conviction is denied. There\u2019s been an endless stream of appeals and motions and he doesn\u2019t say for what. No Fourth Amendment challenge was made before conviction, and it\u2019s too late for a 2255. Parks v. United States, 2021 U.S. Dist. LEXIS 207271 (E.D.Mo. Oct. 27, 2021).<\/p>\n\n\n\n

Officers saw a gun in defendant\u2019s waistband. They approached him, and he ran. Michigan is an open carry state, but the question then was probable cause, not beyond a reasonable doubt. United States v. Steen, 2021 U.S. Dist. LEXIS 206889 (E.D.Mich. Oct. 27, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant retained a reasonable expectation of privacy in his cell phone that was left in the semi he was driving for a commercial carrier when he was arrested. The owner of the truck retrieved the phone and sent it to … 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":[68,20,34,41],"tags":[],"class_list":["post-50096","post","type-post","status-publish","format-standard","hentry","category-inevitable-discovery","category-probable-cause","category-standing","category-strip-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50096","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=50096"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50096\/revisions"}],"predecessor-version":[{"id":50097,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50096\/revisions\/50097"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50096"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50096"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50096"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}