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D.Minn.: PC shown for SW for cell phone in drug case

By John Wesley Hall, Jr.

The affidavit for the search warrant for defendant’s cell phone showed more than a “fair probability” that evidence of drug dealing would be found there. United States v. Jauregui, 2011 U.S. Dist. LEXIS 18385 (D. Minn. February 9, 2011).* Merely because the officer gets the driver out of the car and summons him back to the patrol car for a few questions and leaves the passenger does not make a stop unreasonable. United States v. Legge, 2011 U.S. App. LEXIS 3693 (10th Cir. February 23, 2011) (unpublished).* Collectively, the information showed reasonable suspicion: inconsistent travel plans, third party rental car, nervousness (a minor factor), except this was excessive, and prior drug arrest (a minor factor). Consent was valid...continue to full post

Full post as published by Fourth Amendment on February 28, 2011 (boomark / email).