{"id":56926,"date":"2024-01-24T08:48:15","date_gmt":"2024-01-24T13:48:15","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=56926"},"modified":"2024-01-24T08:48:15","modified_gmt":"2024-01-24T13:48:15","slug":"e-d-n-c-this-icloud-sw-not-overbroad","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56926","title":{"rendered":"E.D.N.C.: This iCloud SW not overbroad"},"content":{"rendered":"\n<p>The warrant for defendant\u2019s iCloud account was not overbroad. Defendant essentially admitted that the information sought would be found there. United States v. Duncan, 2024 U.S. Dist. LEXIS 11090 (E.D.N.C. Jan. 22, 2024).*<\/p>\n\n\n\n<p>Defendant was in a rental vehicle, but he could not produce the rental agreement to show he was an authorized driver. While that was going on, the officer went back to the car and asked the passenger to check the gas gauge because they were 20 miles from the nearest gas station. Doing that, he saw a marijuana bud, and that was probable cause. United States v. Dawson, 2024 U.S. App. LEXIS 1425 (10th Cir. Jan. 22, 2024).*<\/p>\n\n\n\n<p>The state didn\u2019t file any objections to defendant\u2019s motion to suppress an identification on Fourth Amendment grounds, so it waived that below. The defense succeeding in suppressing defendant\u2019s identification by a witness, but that\u2019s reversed because the defense didn\u2019t put any witnesses on to challenge that in the first place. State v. Scott, 2024 La. App. LEXIS 151 (La. App. 4 Cir. Jan. 22, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The warrant for defendant\u2019s iCloud account was not overbroad. Defendant essentially admitted that the information sought would be found there. United States v. Duncan, 2024 U.S. Dist. LEXIS 11090 (E.D.N.C. Jan. 22, 2024).* Defendant was in a rental vehicle, but &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56926\">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":[66,12,34],"tags":[],"class_list":["post-56926","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-computer-searches","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56926","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=56926"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56926\/revisions"}],"predecessor-version":[{"id":56927,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56926\/revisions\/56927"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56926"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56926"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56926"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}