United States v. Escamilla, Jr., No. 16-40333 (5th Cir. 2017)
Annotate this CaseDefendant was convicted of conspiring to possess and possessing with the intent to distribute marijuana and heroin. On appeal, defendant argued that the district court erroneously failed to suppress incriminating evidence that government agents obtained from an allegedly unconstitutional stop and ultimate arrest. The court held that much of the agents' conduct was reasonable and thus constitutional. However, the court held that the district court erred by admitting evidence obtained from an unconstitutional, post-arrest search of a cell phone in defendant's possession. The court found that defendant voluntarily consented to a search of the phone in his possession during the lawful vehicle stop. The court explained that the DEA agent's post-arrest manual search of the phone at the Border Patrol station was a distinct search requiring independent justification. Because the error was harmless, the court affirmed the judgment.
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