{"id":58909,"date":"2024-09-21T09:22:02","date_gmt":"2024-09-21T14:22:02","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58909"},"modified":"2024-09-21T09:22:02","modified_gmt":"2024-09-21T14:22:02","slug":"n-d-ind-cell-phones-are-tools-of-the-trade-of-drug-dealing-so-nexus-is-minimal-actually-practically-non-existent","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58909","title":{"rendered":"N.D.Ind.: Cell phones are &#8220;tools of the trade&#8221; of drug dealing, so nexus is minimal [actually, practically non-existent]"},"content":{"rendered":"\n<p>While cell phones are \u201ctools of the trade\u201d of drug dealing, they usually can be swept up in a search warrant for the premises. While that works in drug cases, there should be caution in other types of cases. United States v. Anderson, No. 1:23-CR-9-HAB, 2024 U.S. Dist. LEXIS 166235 (N.D. Ind. Sep. 16, 2024), quoting and relying on United States v. Coffey, 2023 U.S. Dist. LEXIS 229231, 2023 WL 8891508, at *11 (E.D.N.Y. Dec. 26, 2023).<\/p>\n\n\n\n<p>\u201c[T]he Court agrees with Defendant that the stop was prolonged without reasonable suspicion. However, evidence obtained from Defendant after the discovery of his outstanding arrest warrant is attenuated from that illegality, and therefore should not be suppressed.\u201d United States v. Malone, 2024 U.S. Dist. LEXIS 164784 (E.D. Tenn. Sep. 13, 2024).*<\/p>\n\n\n\n<p>The fact the DEA officers entering defendant\u2019s house said \u201cDEA Police\u201d and had those words on their jackets and hats supported defendant\u2019s conviction for killing a DEA officer during their entry. United States v. Goddard, 2024 U.S. Dist. LEXIS 165789 (S.D. Ohio Sep. 15, 2024).*<\/p>\n\n\n\n<p>The search incident of an attached small bag was valid: \u201cBecause Hendricks&#8217; clutch was attached to his clothing with a carabiner and was concealed underneath his zipped jacket, it was associated with his person.\u201d United States v. Hendricks, 2024 U.S. App. LEXIS 23418 (9th Cir. Sep. 16, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>While cell phones are \u201ctools of the trade\u201d of drug dealing, they usually can be swept up in a search warrant for the premises. While that works in drug cases, there should be caution in other types of cases. United &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58909\">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":[50,5,38,35,26],"tags":[],"class_list":["post-58909","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-cell-phones","category-nexus","category-reasonable-suspicion","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58909","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=58909"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58909\/revisions"}],"predecessor-version":[{"id":58910,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58909\/revisions\/58910"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58909"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58909"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58909"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}