Defendant refused to tell the officer his cell phone number, and the officer ordered him to put it on the dash. This was not by consent, and the cell phone is suppressed. United States v. Claude, 2013 U.S. Dist. LEXIS 7350 (E.D. Pa. January 16, 2013)*:<\/p>\n
In this case, defendant did not give consent to search for his cellphone. As defendant sat in his vehicle, Officer Walter stood over him and questioned him about his cellphone. Officer Walter did not advise defendant of his constitutional rights before or during this questioning. Officer Walter initially asked defendant for his cellphone number, and defendant declined to provide the number. This refusal demonstrates that defendant had no desire to voluntarily give Officer Walter information about his cellphone. In response to this refusal, Officer Walter ordered defendant to “[p]lace [his] cellphone on the dashboard,” and he complied. (Tr. at 45-46.) This mere “acquiescence to a claim of lawful authority” does not constitute voluntary consent. See Bumper, 391 U.S. at 548-49.<\/p>\n
… <\/p>\n
Without consent, the action of Officer Walter was the equivalent of an unlawful search. The cellphone in this case was not in plain view, and defendant did not agree to produce it until ordered to do so. Thus, Officer Walter’s directive to defendant to “[p]lace [his] cellphone on the dashboard” amounted to an unlawful search in violation of the Fourth Amendment.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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