{"id":55314,"date":"2023-07-07T11:40:29","date_gmt":"2023-07-07T16:40:29","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55314"},"modified":"2023-07-07T16:06:00","modified_gmt":"2023-07-07T21:06:00","slug":"e-d-tenn-sw-for-a-cell-phone-includes-the-sd-card-in-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55314","title":{"rendered":"E.D.Tenn.: SW for a cell phone includes the SD card in it"},"content":{"rendered":"\n<p>A search warrant for a cell phone includes the SD card in it. United States v. Glatz, 2023 U.S. Dist. LEXIS 114963 (E.D. Tenn. July 5, 2023).<\/p>\n\n\n\n<p>A jury question on probable cause to arrest remained, and that avoids qualified immunity for now. Johnson v. Barr, 2023 U.S. App. LEXIS 17019 (9th Cir. July 6, 2023).*<\/p>\n\n\n\n<p>Defendant\u2019s post-conviction claim that the warrant was based on three controlled buys that should have been challenged was speculative. State v. Miller, 2023-Ohio-2290, 2023 Ohio App. LEXIS 2304 (7th Dist. June 26, 2023).*<\/p>\n\n\n\n<p>\u201cStewart, however, challenges these issues for the first time on appeal. Stewart did not file a motion to suppress the evidence, he made no objections to the introduction of the evidence at trial and he did not challenge the inclusion of the evidence in his post-trial motion. Thus, Stewart is procedurally barred from challenging these issues. Shinstock v. State, 220 So. 3d 967, 970 (Miss. 2017) (&#8220;&#8216;The rule that failure to object&#8217; at trial bars raising the issue on appeal &#8216;applies to Fourth Amendment claims as well.'&#8221; \u2026 Additionally, Stewart failed to ask this Court to consider a plain error analysis until his reply brief, after the State had already pointed out this issue and argued waiver.\u201d Stewart v. State, 2023 Miss. LEXIS 184 (July 6, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A search warrant for a cell phone includes the SD card in it. United States v. Glatz, 2023 U.S. Dist. LEXIS 114963 (E.D. Tenn. July 5, 2023). A jury question on probable cause to arrest remained, and that avoids qualified &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55314\">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":[5,23,40,129],"tags":[],"class_list":["post-55314","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-ineffective-assistance","category-qualified-immunity","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55314","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=55314"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55314\/revisions"}],"predecessor-version":[{"id":55319,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55314\/revisions\/55319"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55314"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55314"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55314"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}