United States v. Harvey, No. 14-5179 (6th Cir. 2015)
Annotate this CaseMorristown Police stopped a rental vehicle driven by Bah for speeding in a construction zone. During the traffic stop, officers placed Bah under arrest for driving on a suspended license and detained passenger Harvey for “investigatory purposes” after discovering approximately 72 credit, debit, and gift cards in the rental car’s glove compartment and trunk. Bah and Harvey filed motions to suppress evidence of the credit, debit, and gift cards and cell phones found in the car, alleging that the officers had violated their Fourth Amendment rights by: unlawfully searching the rental car; scanning the magnetic strips on numerous credit, debit, and gift cards without first obtaining a warrant; performing a warrantless search of a Blackberry cell phone; and unlawfully detaining Harvey following Bah’s arrest. The district court denied their motions. The Sixth Circuit affirmed, holding that Harvey did not have standing to contest the search of Bah’s rental vehicle- Harvey was reasonably detained during the traffic stop, the warrantless search of Bah’s Blackberry did not taint the subsequent cell phone searches conducted pursuant to a warrant; and scanning the magnetic strips of credit and gift cards was not a search.
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