U.S. District Court for Middle District of Tennessee rules that officers can seize a phone incident to a lawful narcotics arrest.

This case started with a car plowing into a tree. The defendant was found unconscious. Also found were a baggie of cocaine and a fully loaded Glock. The defendant emptied his pockets at the hospital, producing a Tracphone.

11 days later, law enforcement applied for a search warrant, which a judge signed. Incriminating text messages were the subject of the Motion to Suppress. The Defendant attempted to use Riley v. California to argue that the phone was immune from search. The District Court pulled language from Riley that supported the proposition that a cell phone could be seized pursuant to a lawful arrest.

The District Court also rejected the arguments that probable cause was lacking to issue a warrant or that the information to support the signing of the warrant was stale. The Court also invoked the good faith exception for good measure.

The case is United States v. Titington, 2018 U.S. Dist. LEXIS 195859,
2018 WL 6019649 (M.D. Tenn.) November 16, 2018.

Related Posts
  • Fighting Google Keyword Warrants Read More
  • Three new cases coming up that will affect Carpenter litigation, all in Massachusetts. Read More
  • Middle District of Tennessee holds Iphones in plain view can be seized during a lawful arrest or encounter. Read More