{"id":59639,"date":"2024-12-22T12:00:47","date_gmt":"2024-12-22T17:00:47","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59639"},"modified":"2024-12-23T08:28:51","modified_gmt":"2024-12-23T13:28:51","slug":"ca2-plain-view-seizure-of-cell-phone-established-by-officers-knowledge-of-role-of-cell-phones-in-crime","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59639","title":{"rendered":"CA2: Plain view seizure of cell phone established by officers’ knowledge of role of cell phones in crime"},"content":{"rendered":"\n

The evidentiary value of a cell phone for plain view was established here because, when officers saw the phone, they\u2019d been investigating a conspiracy involving cell phone for months. United States v. Kurland<\/a>, 2024 U.S. App. LEXIS 32177 (2d Cir. Dec. 19, 2024).<\/p>\n\n\n\n

Police at a Wawa saw defendant engage in what appeared to be a hand-to-hand drug transaction. He was on probation, and this gave reasonable suspicion for his stop. He admitted to having a firearm in his bag, but there were no drugs. Register v. State, No. 396, 2023, 2024 Del. LEXIS 421 (Dec. 19, 2024).*<\/p>\n\n\n\n

Apparently following the client\u2019s dictates about how to argue the ineffective assistance of counsel on appeal, the claim is dismiss for lack of a cogent argument developing the point. It\u2019s just a cut and paste from the PCR hearing transcript and makes no effort to elaborate. \u201cFinally, Rule 84.04(e) requires, \u2018The argument shall substantially follow the order of \u201cPoints Relied On.\u201d\u2019 This Court has interpreted that to mean that an argument section \u2018should develop the claim of error by showing the interaction between the relevant principles of law and the facts of the particular case.\u2019 \u2026 Movant’s argument section does not develop his claim of error. As mentioned, Movant’s argument is a nearly verbatim block quotation of the post-conviction hearing transcript.\u201d Schierbaum v. State, 2024 Mo. App. LEXIS 908 (Dec. 17, 2024).* <\/p>\n","protected":false},"excerpt":{"rendered":"

The evidentiary value of a cell phone for plain view was established here because, when officers saw the phone, they\u2019d been investigating a conspiracy involving cell phone for months. United States v. Kurland, 2024 U.S. App. LEXIS 32177 (2d Cir. … 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":[104,51,35],"tags":[],"class_list":["post-59639","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-plain-view","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59639","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=59639"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59639\/revisions"}],"predecessor-version":[{"id":59658,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59639\/revisions\/59658"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59639"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59639"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59639"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}