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CA10: Cell phone search as exceeding scope of SW was waived

By John Wesley Hall, Jr.

The USMJ issuing a search warrant for defendant’s stuff after a traffic stop struck out the words “electronic equipment,” and the officer searched the images on defendant’s cell phone anyway. This issue was not timely raised in the District Court, and it is waived for appeal. United States v. Jean-Claude, 2010 U.S. App. LEXIS 22503 (10th Cir. October 29, 2010) (unpublished).* Defendant’s traffic stop was valid, and the officer directed him out of the car. He left the door open, and the officer could see the grip of a handgun in plain view. United States v. Montes, 2010 U.S. App. LEXIS 22505 (10th Cir. October 29, 2010) (unpublished).* State inmate is denied a certificate of appealability (COA) for his habeas appeal of his Fourth Amendment claim because “we are not persuaded that reasonable jurists could disagree with the district court’s conclusion that his Fourth Amendment claim was fully and fairly litigated in the Colorado state courts...continue to full post

Full post as published by Fourth Amendment on November 01, 2010 (boomark / email).