{"id":53248,"date":"2022-09-28T07:55:29","date_gmt":"2022-09-28T12:55:29","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53248"},"modified":"2022-09-28T07:55:29","modified_gmt":"2022-09-28T12:55:29","slug":"ca6-district-court-cannot-order-search-of-jurors-cell-phone-to-investigate-alleged-juror-misconduct","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53248","title":{"rendered":"CA6: District Court cannot order search of juror’s cell phone to investigate alleged juror misconduct"},"content":{"rendered":"\n

In a hearing on alleged juror misconduct, the district court cannot order the juror\u2019s cell phone to be searched for evidence of what happened. In re Sittenfeld<\/a>, 2022 U.S. App. LEXIS 26700 (6th Cir. Sep. 23, 2022).<\/p>\n\n\n\n

Plaintiff\u2019s complaint against prosecutors for aiding law enforcement to get search warrants for their business that ultimately failed in the state appeal fails. They are absolutely immune for seeking search warrants. On other claims, the prosecutors have qualified immunity, and there is no claim of supervisory liability that they guided the investigation. A Franks claim also fails for lack of materiality. There was probable cause on the whole. Captain Jack’s Crab Shack, Inc. v. Cooke<\/a>, 2022 U.S. App. LEXIS 26523 (11th Cir. Sep. 22, 2022).<\/p>\n\n\n\n

But for causation does not apply to the statutory immunity for drug overdose calls for help. \u201c[H]ere, there was an outstanding warrant for Mr. Waiters’ arrest. And it was this existing circumstance that led to the discovery of the contraband, not the effort to seek medical assistance.\u201d That\u2019s the independent source doctrine at work here. State v. Waiters<\/a>, 2022 Fla. App. LEXIS 6451 (Fla. 2d DCA Sep. 23, 2022).<\/p>\n","protected":false},"excerpt":{"rendered":"

In a hearing on alleged juror misconduct, the district court cannot order the juror\u2019s cell phone to be searched for evidence of what happened. In re Sittenfeld, 2022 U.S. App. LEXIS 26700 (6th Cir. Sep. 23, 2022). Plaintiff\u2019s complaint against … 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":[5,60,40],"tags":[],"class_list":["post-53248","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-independent-source","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53248","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=53248"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53248\/revisions"}],"predecessor-version":[{"id":53249,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53248\/revisions\/53249"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53248"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53248"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53248"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}