Whether a lower court judge could issue a telephonic search warrant under state law doesn\u2019t matter in federal court or the Fourth Amendment. \u201cTo begin with, the defendant raises at best a state-law technicality that is not of federal constitutional stature. The defendant’s arguments are ones of state law, and he does not claim that any Fourth Amendment standard was breached by a municipal judge’s issuance of the warrant. Without more, there is no call for application of the federal exclusionary rule in such a situation.\u201d Besides, the good faith exception would apply. United States v. Matthews, 2022 U.S. Dist. LEXIS 63408 (D.N.J. Apr. 4, 2022).<\/p>\n\n\n\n
Defendant was stopped, detained, and ordered out of his car all without reasonable suspicion. They apparently suspected a hand-to-hand drug deal a little earlier, but the other person wasn\u2019t seen close enough to the car to do that. United States v. Brown, 2022 U.S. Dist. LEXIS 63087 (D.Nev. Apr. 5, 2022).*<\/p>\n\n\n\n
Defendant was shown to have consented to an entry and seizure of a cell phone. His mother also let the police in to retrieve it. That led to a valid search of a second cell phone which was not tainted by any illegality. United States v. Sanchez<\/a>, 2022 U.S. App. LEXIS 9156 (11th Cir. Apr. 5, 2022).*<\/p>\n\n\n\n The CI\u2019s statement coupled with police corroboration shows there was probable cause for the search warrant. It was also particular. In any event, the good faith exception would apply. United States v. Woods, 2022 U.S. Dist. LEXIS 63393 (W.D.N.C. Apr. 5, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":" Whether a lower court judge could issue a telephonic search warrant under state law doesn\u2019t matter in federal court or the Fourth Amendment. \u201cTo begin with, the defendant raises at best a state-law technicality that is not of federal constitutional … Continue reading