| United States v. Self, No. 09-51012 Summary Calendar (5th Cir. 1-14-2011) [Unpublished] |
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Denial of Motion to Suppress Affirmed -- Defendant was convicted for conspiracy to possess with intent to distribute 50 grams or more of cocaine base (crack) and possession with intent to distribute cocaine base (crack). Defendant was asked by two individuals to make a delivery of crack cocaine to a motel. Upon arriving, defendant saw police officers present, fled on foot, and was subsequently arrested. During a search of the vehicle, the defendant's iPhone was discovered. A search of the phone revealed calls between defendant and the drug customers at the motel. On appeal of his conviction, defendant challenged the district court's refusal to suppress the evidence retrieved from the iPhone. The Court of Appeals stated that once the defendant fled the scene, he "no longer had an expectation of privacy regarding the phone," and thus lacked standing to challenge the subsequent search. There was no error in the denial of the motion to suppress.
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