{"id":57901,"date":"2024-05-16T08:46:03","date_gmt":"2024-05-16T13:46:03","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57901"},"modified":"2024-05-16T08:46:03","modified_gmt":"2024-05-16T13:46:03","slug":"la5-no-standing-to-challenge-search-of-shooting-victims-cell-phone-in-defs-possession","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57901","title":{"rendered":"LA5: No standing to challenge search of shooting victim’s cell phone in def’s possession"},"content":{"rendered":"\n

Defendant lacked standing to challenge the search of his shooting victim\u2019s cell phone. Also, by statute the search of the phone more than 10 days after seizure was reasonable. State v. Lowry<\/a>, 2024 La. App. LEXIS 804 (La. App. 5 Cir. May 15, 2024).<\/p>\n\n\n\n

The defense failed to support its Franks challenge in the trial court. There was a multiday hearing on child hearsay, and defense counsel relied on the \u201cfour corners\u201d of the affidavit and testimony thus far, except nothing challenged the probable cause. Andrews v. State, 2024 Fla. App. LEXIS 3716 (Fla. 2d DCA May 15, 2024).*<\/p>\n\n\n\n

Plaintiffs were painters in an empty house that the police raided with a search warrant that failed to show probable cause drugs would be found. Two adults and a child were arrested in the raid. Moreover, the place was searched ten days earlier and that failed to turn up evidence, too. The warrant lacked probable cause. Plaintiffs get a remand on municipal liability for its alleged indifference to a DOJ report involving its search practices. Stucker v. Louisville Metro Gov’t Oka Louisville-Jefferson Cty. Metro Gov’t, 2024 U.S. App. LEXIS 11731 (6th Cir. May 13, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant lacked standing to challenge the search of his shooting victim\u2019s cell phone. Also, by statute the search of the phone more than 10 days after seizure was reasonable. State v. Lowry, 2024 La. App. LEXIS 804 (La. App. 5 … Continue reading →<\/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":[45,5,21,20,34,16],"tags":[],"class_list":["post-57901","post","type-post","status-publish","format-standard","hentry","category-45","category-cell-phones","category-franks-doctrine","category-probable-cause","category-standing","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57901","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=57901"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57901\/revisions"}],"predecessor-version":[{"id":57902,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57901\/revisions\/57902"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57901"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57901"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57901"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}