United States v. Cleveland

907 F.3d 423 (2018)

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United States v. Cleveland

United States Court of Appeals for the Sixth Circuit
907 F.3d 423 (2018)

  • Written by Tiffany Hester, JD

Facts

In October, law-enforcement officers executed a warrant to search and seize evidence from the home of suspected drug dealer Larone Williams. The officers seized, among other evidence, the cell phone of Dockery Cleveland (defendant), Williams’s associate, who was present during the search. On November 6, a judge issued a warrant to search Cleveland’s phone, authorizing forensic examination of the phone’s contents. The warrant ordered law enforcement to execute the warrant by November 27. On November 9, law enforcement removed Cleveland’s phone from the evidence locker and sent the phone to the lab for data extraction. Upon the phone’s arrival, lab technicians turned off the phone’s transmission capabilities, preventing it from receiving further communications. The lab extracted the phone’s data on December 21, finding outgoing calls to a drug transporter in October and pictures of Cleveland holding a lot of cash. The United States prosecuted Cleveland for several drug offenses. Cleveland moved to suppress the evidence obtained from his phone, arguing that the extraction was unlawful after the November 27 execution date stated on the November 6 warrant. The district court denied Cleveland’s motion. Ultimately, the jury convicted Cleveland, and Cleveland appealed.

Rule of Law

Issue

Holding and Reasoning (Bush, J.)

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