{"id":50695,"date":"2021-12-09T09:41:34","date_gmt":"2021-12-09T14:41:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50695"},"modified":"2021-12-09T16:22:17","modified_gmt":"2021-12-09T21:22:17","slug":"tn-no-standing-in-text-messages-on-codefs-cell-phone","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50695","title":{"rendered":"TN: No standing in text messages on codef&#8217;s cell phone"},"content":{"rendered":"\n<p>Defense counsel could not be ineffective for not moving to suppress text messages on the codefendant\u2019s cell phone where defendant had no standing. <a href=\"https:\/\/www.tncourts.gov\/sites\/default\/files\/kevin_farrell_wells_cca_opinion.pdf\">Wells v. State<\/a>, 2021 Tenn. Crim. App. LEXIS 553 (Dec. 7, 2021).<\/p>\n\n\n\n<p>There is  no reasonable expectation of privacy whatsoever in recorded jail calls to non-lawyers. <a href=\"https:\/\/nycourts.gov\/reporter\/3dseries\/2021\/2021_06813.htm\">People v. Criscuolo<\/a>, 2021 NY Slip Op 06813, 2021 N.Y. App. Div. LEXIS 6843 (1st Dep. Dec. 7, 2021).*<\/p>\n\n\n\n<p>\u201cThe protective sweep here was consistent with Buie prong 1. Guerrier does not contest that the search was brief and \u2018narrowly confined to a cursory visual inspection of those places in which a person might be hiding.\u2019 Buie, 494 U.S at 327. In fact, the record shows that the sweep took approximately two minutes, and there is no suggestion that it went beyond a cursory inspection. The only issue is whether the sweep of the upstairs rooms was permissible. This requires us to consider whether those areas were \u2018immediately adjoining the place of arrest from which an attack could be immediately launched.\u2019 Buie, 494 U.S. at 334. Given the layout and size of the home, we agree with the District Court that the entire apartment immediately adjoined the living room in which Guerrier was arrested. <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/211725np.pdf\">United States v. Guerrier<\/a>, 2021 U.S. App. LEXIS 35995 (3d Cir. Dec. 7, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel could not be ineffective for not moving to suppress text messages on the codefendant\u2019s cell phone where defendant had no standing. Wells v. State, 2021 Tenn. Crim. App. LEXIS 553 (Dec. 7, 2021). There is no reasonable expectation &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=50695\">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":[5,113,22,34],"tags":[],"class_list":["post-50695","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-prison-and-jail-searches","category-protective-sweep","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50695","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=50695"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50695\/revisions"}],"predecessor-version":[{"id":50705,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50695\/revisions\/50705"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50695"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50695"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50695"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}