{"id":50428,"date":"2021-11-16T08:39:35","date_gmt":"2021-11-16T13:39:35","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50428"},"modified":"2021-11-16T09:40:26","modified_gmt":"2021-11-16T14:40:26","slug":"oh11-no-standing-in-fathers-cell-phones-even-communicating-with-defense-experts","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50428","title":{"rendered":"OH11: No standing in father&#8217;s cell phones even when communicating with defense experts"},"content":{"rendered":"\n<p>Defendant is charged with killing his wife. He didn\u2019t have standing to challenge a search warrant for his father\u2019s cell phones where attorney-client privilege in their contents was asserted because the father was communicating with expert witnesses in his case. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/11\/2021\/2021-Ohio-4051.pdf\">State v. Cunningham<\/a>, 2021-Ohio-4052, 2021 Ohio App. LEXIS 3943 (11th Dist. Nov. 15, 2021).<\/p>\n\n\n\n<p>Defendant claimed a lack of consent and not understanding the consent form, but the questions he asked of the officer afterward showed that he did. <a href=\"https:\/\/ecf.dcd.uscourts.gov\/cgi-bin\/show_public_doc?2021cr0102-30\">United States v. Roberson<\/a>, 2021 U.S. Dist. LEXIS 219620 (D.D.C. Nov. 15, 2021).*<\/p>\n\n\n\n<p>The protective patdown of defendant\u2019s person was based on reasonable suspicion. United States v. Teter, 2021 U.S. Dist. LEXIS 219488 (M.D.Pa. Nov. 12, 2021).*<\/p>\n\n\n\n<p>Tossing aside a suitcase when confronted by officers was an abandonment. <a href=\"https:\/\/www.ca4.uscourts.gov\/opinions\/204498.U.pdf\">United States v. Grantz<\/a>, 2021 U.S. App. LEXIS 33826 (4th Cir. Nov. 15, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant is charged with killing his wife. He didn\u2019t have standing to challenge a search warrant for his father\u2019s cell phones where attorney-client privilege in their contents was asserted because the father was communicating with expert witnesses in his case. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=50428\">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":[48,5,114,34,4,28],"tags":[],"class_list":["post-50428","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-cell-phones","category-privileges","category-standing","category-stop-and-frisk","category-voluntariness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50428","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=50428"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50428\/revisions"}],"predecessor-version":[{"id":50432,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50428\/revisions\/50432"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50428"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50428"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50428"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}