{"id":55531,"date":"2023-08-03T07:59:26","date_gmt":"2023-08-03T12:59:26","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55531"},"modified":"2023-08-03T07:59:26","modified_gmt":"2023-08-03T12:59:26","slug":"w-d-tex-halfway-house-tenant-has-no-rep-in-own-cell-phone","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55531","title":{"rendered":"W.D.Tex.: Halfway house tenant has no REP in own cell phone"},"content":{"rendered":"\n<p>A resident of a halfway house has no reasonable expectation of privacy in his cell phone while residing there. He agreed that his property was subject to search. United States v. Weste, 2023 U.S. Dist. LEXIS 132886 (W.D. Tex. July 31, 2023).<\/p>\n\n\n\n<p>Defendant\u2019s stop was not unreasonably prolonged where the patrol car computer flagged a similarly spelled first name with the same DOB, and defendant and his twin brother were known to use each other\u2019s identity. Then he fought the officers. United States v. Williams, 2023 U.S. Dist. LEXIS 133292 (S.D. Ga. Aug. 1, 2023).*<\/p>\n\n\n\n<p>Defense counsel wasn\u2019t ineffective for not making a challenge to a trash search that would have failed. Jefferson v. United States, 2023 U.S. App. LEXIS 19868 (8th Cir. Aug. 1, 2023).*<\/p>\n\n\n\n<p>The search here was by consent. United States v. Poulan, 2023 U.S. Dist. LEXIS 133821 (W.D. Mo. Aug. 1, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A resident of a halfway house has no reasonable expectation of privacy in his cell phone while residing there. He agreed that his property was subject to search. United States v. Weste, 2023 U.S. Dist. LEXIS 132886 (W.D. Tex. July &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55531\">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":[5,23,58,35],"tags":[],"class_list":["post-55531","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-ineffective-assistance","category-probationparole-search","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55531","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=55531"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55531\/revisions"}],"predecessor-version":[{"id":55532,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55531\/revisions\/55532"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55531"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55531"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55531"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}