{"id":59128,"date":"2024-10-19T10:38:41","date_gmt":"2024-10-19T15:38:41","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59128"},"modified":"2024-10-19T10:38:41","modified_gmt":"2024-10-19T15:38:41","slug":"ny3-cell-phones-found-in-proximity-to-drugs-isnt-pc-in-itself","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59128","title":{"rendered":"NY3: Cell phones found in proximity to drugs isn&#8217;t PC in itself"},"content":{"rendered":"\n<p>The search warrant for defendant\u2019s phone should have been granted. The application for the first warrant to search failed to establish probable cause. While the officer stated in the affidavit that a quantity of drugs were found in the motel room along with the two phones, he did not explain why the phones likely contained evidence of a crime. <a href=\"https:\/\/nycourts.gov\/reporter\/3dseries\/2024\/2024_05152.htm\">People v. Poulos<\/a>, 2024 NY Slip Op 05152, 2024 N.Y. App. Div. LEXIS 5437 (3d Dept. Oct. 17, 2024).<\/p>\n\n\n\n<p>There was a showing in the affidavit for warrant of nexus between defendant\u2019s cell phone and the crime. United States v. Eason, 2024 U.S. Dist. LEXIS 188208 (D. Minn. Oct. 15, 2024).*<\/p>\n\n\n\n<p>There were two DNA warrants in this case. The crime lab needed a larger sample for a confirmatory test. That isn\u2019t the issue, however; it\u2019s speedy trial tolled because of that, which it was. McCartney v. State, 2024 Fla. App. LEXIS 8093 (Fla. 3d DCA Oct. 16, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search warrant for defendant\u2019s phone should have been granted. The application for the first warrant to search failed to establish probable cause. While the officer stated in the affidavit that a quantity of drugs were found in the motel &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59128\">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":[57,38,20],"tags":[],"class_list":["post-59128","post","type-post","status-publish","format-standard","hentry","category-dna","category-nexus","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59128","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=59128"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59128\/revisions"}],"predecessor-version":[{"id":59129,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59128\/revisions\/59129"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59128"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59128"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59128"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}