Thursday, September 19, 2019

US v. Garay, No. 18-50054 (9-17-19)(Schroeder w/Graber & Watson). A traffic violation led to chase led to a crash, and then the inventory search, and further warrants to investigate cell phones.  The 9th affirmed the denial of the suppression motions, and affirmed the conviction for being a felon in possession.

Interesting facts include the 9th deciding not to decide if the defendant had in fact abandoned the car, after crashing into a ditch, and running.  The 9th held that Byrd v. US, 138 S. Ct 1518 (2018) did not require standing for jurisdiction, and so no need to decide.

More concerning was the warrant for the cell phones, where the officers said that their experience with gun traffickers is that selfies and photos are taken and stored to facilitate sales.  Really?  The 9th also permits “conclusory” statements on warrant affidavits so long as some facts are referenced, and relying on the experience of the officer or affiant.

The decision is here:


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