United States v. Thomas

Winchester, Va. police believe man is sexually abusing minors; they get a warrant and arrest him. Then they get another warrant to search his cell phone; the search turns up damning evidence. But wait! The application to search the phone didn’t link the phone to the abuse, so maybe there wasn’t probable cause to search the phone? Fourth Circuit: The detective knew more than he put in the warrant application, so he reasonably believed there was probable cause (even if there wasn’t and the warrant itself was unconstitutional). No need to suppress the evidence that led to a 30-year sentence for producing child porn.

Tags: 2018, Exclusionary Rule, Fourth Amendment, Fourth Circuit, Police

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