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D.P.R.: Cell phone subject to border search

By John Wesley Hall, Jr.

A border of search of defendant’s cell phone was reasonable, so there was no point in defense counsel filing a motion to suppress it. Therefore, no IAC. Cancel-Ríos v. United States, 2010 U.S. Dist. LEXIS 90336 (D. P.R. August 30, 2010).* Telling the officer detaining defendant for DUI to get a search warrant for his blood was a refusal under the implied consent law. Bender v. Dir. of Revenue, 2010 Mo. App. LEXIS 1153 (August 31, 2010).* Defendant was a passenger in a car who had no standing to contest a search of the locked glove compartment under Rakas. Brendlin doesn’t even apply. Atkins v. Commonwealth, 2010 Va. App. LEXIS 352 (August 31, 2010).*

Full post as published by Fourth Amendment on September 03, 2010 (boomark / email).