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D.V.I.: Person on the premises of SW execution hid his cell phone, and that was no reason to seize it

By John Wesley Hall, Jr.

Defendant was merely on the premises when a search warrant was executed, and he attempted to hide his cell phone. That was not reason enough to search his cell phone. United States v. Garvey, 2010 U.S. Dist. LEXIS 98527 (D. V.I. September 17, 2010).* Defendant’s Franks challenge to his wiretap failed because the statements weren’t false. United States v. Garvey, 2010 U.S. Dist. LEXIS 98539 (D. V.I. September 17, 2010).* On the totality of circumstances, there was reasonable suspicion for defendant’s stop. United States v. Garvey, 2010 U.S. Dist. LEXIS 98462 (D. V.I. September 17, 2010).* Off-duty officer working at a private club escorted defendant off the premises because of an altercation with another. The officer had reasonable suspicion to stop the defendant's car because of the possibility he was armed...continue to full post

Full post as published by Fourth Amendment on September 24, 2010 (boomark / email).