{"id":54011,"date":"2023-01-10T06:55:43","date_gmt":"2023-01-10T11:55:43","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54011"},"modified":"2023-01-10T06:55:43","modified_gmt":"2023-01-10T11:55:43","slug":"army-remotely-wiping-seized-cell-phone-and-watch-tampered-with-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=54011","title":{"rendered":"Army: Remotely wiping seized cell phone and watch tampered with search"},"content":{"rendered":"\n<p>The prosecution established defendant interfered with a search by remotely wiping her cell phone and watch when she knew they were in the possession of CID and to be searched in a manslaughter investigation. United States v. Strong, 2023 CCA LEXIS 2 (Army Ct. Crim. App. Jan. 6, 2023) (en banc).<\/p>\n\n\n\n<p>A lawyer was arrested for what he claimed was a false report of sexual misconduct involving a client. He sued the arresting officer claiming a Franks violation and failure to investigate. There was probable cause on the face of the arrest papers, and the Franks violation, if it was, wasn\u2019t material. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/23\/01\/213795U.pdf\">Newport v. Payton<\/a>, 2023 U.S. App. LEXIS 282 (8th Cir. Jan. 6, 2023).* Law360: <a href=\"https:\/\/www.law360.com\/publicpolicy\/articles\/1563349\/8th-circ-scraps-atty-s-federal-claims-against-police-officer\">8th Circ. Scraps Atty&#8217;s Federal Claims Against Police Officer<\/a> by Emily Sawicki<\/p>\n\n\n\n<p>Plaintiff stated a claim for being pepper sprayed for free speech, but he fails on causation because this defendant wasn\u2019t around him. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/23\/01\/213530P.pdf\">Laney v. City of St. Louis<\/a>, 2023 U.S. App. LEXIS 281 (8th Cir. Jan. 6, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The prosecution established defendant interfered with a search by remotely wiping her cell phone and watch when she knew they were in the possession of CID and to be searched in a manslaughter investigation. United States v. Strong, 2023 CCA &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=54011\">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":[45,123,20],"tags":[],"class_list":["post-54011","post","type-post","status-publish","format-standard","hentry","category-45","category-digital-searches","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54011","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=54011"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54011\/revisions"}],"predecessor-version":[{"id":54012,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54011\/revisions\/54012"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54011"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54011"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54011"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}