{"id":53499,"date":"2022-11-04T11:34:50","date_gmt":"2022-11-04T16:34:50","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53499"},"modified":"2022-11-04T11:34:50","modified_gmt":"2022-11-04T16:34:50","slug":"d-me-dea-could-subpoena-records-investigating-robbery-of-a-marijuana-dispensary","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53499","title":{"rendered":"D.Me.: DEA could subpoena records investigating robbery of a marijuana dispensary"},"content":{"rendered":"\n<p>The DEA\u2019s administrative subpoenas over records of the suspect over the alleged robbery of a marijuana dispensary were lawful exercises of power. Carpenter does not apply to mere phone records. United States v. Candelario, 2022 U.S. Dist. LEXIS 199195 (D. Me. Nov. 2, 2022).<\/p>\n\n\n\n<p>Defendant never raised the question that the search warrant was issued without probable cause and defense counsel was ineffective for not raising it until on appeal from denial of post-conviction relief. Therefore, it\u2019s waived. Wallace v. State, Nos. 2022 Miss. App. LEXIS 396 (Nov. 1, 2022).*<\/p>\n\n\n\n<p>The search warrants here were issued on probable cause in both Mississippi and Utah. Police walking to the front door could see what they could see. Bowman v. State, 2022 Miss. App. LEXIS 395 (Nov. 1, 2022).*<\/p>\n\n\n\n<p>The officer had reasonable suspicion to seize defendant\u2019s cell phone to get a search warrant for it. State v. Darter, 2022 Fla. App. LEXIS 7443 (Fla. 4th DCA Nov. 2, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The DEA\u2019s administrative subpoenas over records of the suspect over the alleged robbery of a marijuana dispensary were lawful exercises of power. Carpenter does not apply to mere phone records. United States v. Candelario, 2022 U.S. Dist. LEXIS 199195 (D. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=53499\">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":[5,19,23,81],"tags":[],"class_list":["post-53499","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-curtilage","category-ineffective-assistance","category-subpoenas"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53499","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=53499"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53499\/revisions"}],"predecessor-version":[{"id":53500,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53499\/revisions\/53500"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53499"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53499"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53499"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}