United States v. Babcock, No. 17-13678 (11th Cir. 2019)Annotate this Case
The Eleventh Circuit affirmed the district court's order denying defendant's motion to suppress. Police officers investigating a domestic disturbance confiscated a suspect's cell phone and held it for two days before eventually obtaining a warrant to search it.
The court held that the seizure was not justified on the ground that the officers had reasonable suspicion to believe that the phone's owner was engaged in criminal wrongdoing and thus this was not a permissible Terry stop. However, the court held that the officers had probable cause to believe not only that the phone's owner had committed a crime and that the phone contained evidence of that crime, but also that the suspect would likely destroy that evidence before they could procure a warrant.