{"id":60250,"date":"2025-02-25T20:04:31","date_gmt":"2025-02-26T01:04:31","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60250"},"modified":"2025-02-25T20:04:31","modified_gmt":"2025-02-26T01:04:31","slug":"tx14-defs-furtive-movements-with-cell-phone-can-justify-exigency-to-seize-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=60250","title":{"rendered":"TX14: Def&#8217;s furtive movements with cell phone can justify exigency to seize it"},"content":{"rendered":"\n<p>Defendant\u2019s furtive movements supported exigency that he could attempt to erase things on his cell phone thus justifying its warrantless seizure. <a href=\"https:\/\/search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=eca93b5f-fe6d-45f3-a74e-c15eba811035&amp;MediaID=8745f844-ae87-404b-866e-4a59ae241da2&amp;coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&amp;DT=Opinion\">Igboji v. State<\/a>, 2025 Tex. App. LEXIS 1021 (Tex. App. \u2013 Houston (14th Dist.) Feb. 20, 2025) (unpublished), on remand from 607 S.W.3d 157 (Tex. App. \u2013 Houston (14th Dist.) 2020), rev\u2019d 666 S.W.3d 607 (Tex. Crim. App. 2023).<\/p>\n\n\n\n<p>Defendant\u2019s statement he disclaimed an interest in the car he was walking away from can be used to show his standing even though the government is barred from using it at trial. United States v. Cook, 2025 U.S. Dist. LEXIS 31024 (N.D. Ohio Feb. 21, 2025).*<\/p>\n\n\n\n<p>17 law enforcement officers and support personnel showed up to execute a child pornography warrant. Defendant and his family were removed from the house and put in police cars and told they were not under arrest. Still, it was custodial when defendant was questioned in the police car he couldn\u2019t get out of. United States v. Galasso, 2025 U.S. Dist. LEXIS 31022 (N.D. Ohio Feb. 21, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s furtive movements supported exigency that he could attempt to erase things on his cell phone thus justifying its warrantless seizure. Igboji v. State, 2025 Tex. App. LEXIS 1021 (Tex. App. \u2013 Houston (14th Dist.) Feb. 20, 2025) (unpublished), on &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=60250\">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":[5,117,3,34],"tags":[],"class_list":["post-60250","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-custody","category-emergency-exigency","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60250","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=60250"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60250\/revisions"}],"predecessor-version":[{"id":60251,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60250\/revisions\/60251"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60250"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60250"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60250"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}