| D. Virgin Islands |
|
Reminder: These case digests are provided for informational purposes only, and do not constitute legal advice. Anyone conducting legal research on a particular topic or in a specific jurisdiction is advised to supplement these materials with their own efforts or those of a qualified attorney whom they have hired for that purpose.2010U.S. v. Garvey, CRIM. NO.: 10-cr-0009 (D. V.I. 9-17-2010) — Defendant was charged with using a telephone to facilitate a conspiracy to distribute marijuana. During the execution of a search warrant on Christiansted, Virgin Islands, police saw defendant on the property and noticed that he was trying to conceal a Blackberry phone. An officer searched defendant and confiscated his phone. During a later warrantless examination of the phone, police discovered a photo of a Drug Enforcement Agency vehicle. Defendant moved to suppress the photo as the product of an illegal search. The government argued that since the original search warrant authorized them to search for cellphones, the seizure of defendant's phone was authorized. In the alternative, the government said, defendant's efforts to hide the phone gave the officers probable cause to seize it. The Court rejected both arguments. The search warrant, it noted, was for the premises listed in the warrant, and not for any individual who happened to be there. Also, the officer's search of defendant was limited to determining whether defendant was carrying a weapon; once it was determined that the object was a phone, the mere effort to hide it is not probable cause to seize it. "A Blackberry," the Court said, "even one of the earlier clunkier models, poses no serious threat to officer safety." The motion to suppress was granted. |
Please Donate
If you find the resources on this site interesting, or if they have saved you and your client time and money, please support CFD with a donation.
