{"id":51080,"date":"2022-01-11T07:18:19","date_gmt":"2022-01-11T12:18:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51080"},"modified":"2022-01-11T11:08:45","modified_gmt":"2022-01-11T16:08:45","slug":"co-particularity-of-cell-phone-sw-was-harmless-error-and-didnt-even-have-to-be-decided","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51080","title":{"rendered":"CO: Particularity of cell phone SW was harmless error and didn&#8217;t even have to be decided"},"content":{"rendered":"\n<p>Defendant\u2019s claim that his cell phone search warrant violated the particularity requirement does not have to be decided because, if error, it is harmless beyond a reasonable doubt on this record. <a href=\"https:\/\/www.courts.state.co.us\/userfiles\/file\/Court_Probation\/Supreme_Court\/Opinions\/2020\/20SC353.pdf\">Pettigrew v. People<\/a>, 2022 CO 2, 2022 Colo. LEXIS 1 (Jan. 10, 2022).<\/p>\n\n\n\n<p>Defense counsel\u2019s alleged ineffectiveness for not filing a motion to suppress wasn\u2019t prejudicial where the government\u2019s proof was overwhelming. No prejudice. Byrd v. United States, 2022 U.S. Dist. LEXIS 3815 (E.D.N.C. Jan. 7, 2022).*<\/p>\n\n\n\n<p>Even if defense counsel was ineffective for not moving to suppress a text message that the officer happened to see while defendant was looking at his phone contacts, there was no reasonable likelihood of a different outcome at trial. While it was relevant to impeaching an alibi, other evidence in the record did more to impeach than this would have. Davis v. Sec&#8217;y, Dep&#8217;t of Corr., 2022 U.S. Dist. LEXIS 3825 (M.D.Fla. Jan. 7, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s claim that his cell phone search warrant violated the particularity requirement does not have to be decided because, if error, it is harmless beyond a reasonable doubt on this record. Pettigrew v. People, 2022 CO 2, 2022 Colo. LEXIS &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=51080\">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":[5,23],"tags":[],"class_list":["post-51080","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-ineffective-assistance"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51080","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=51080"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51080\/revisions"}],"predecessor-version":[{"id":51098,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51080\/revisions\/51098"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51080"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51080"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51080"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}