United States v. Griffith

867 F.3d 1265 (2017)

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United States v. Griffith

United States Court of Appeals for the District of Columbia Circuit
867 F.3d 1265 (2017)

AR

Facts

Ezra Griffith (defendant) was released from confinement on an unrelated charge after 10 months. The police obtained a warrant to search Griffith’s home, believing that he had been involved in a gang shooting a year earlier. The officers knew that Griffith had been speaking with other gang members while he was incarcerated and that one of those potential coconspirators had borrowed a cell phone to talk to Griffith. The warrant allowed the officers to search Griffith’s home for any cell phones or electronic devices. The officer who wrote the affidavit stated that he had probable cause to search for cell phones because in his experience gang members often used cell phones to communicate with one another. During the search, the officers found a handgun and several cell phones. Based on the firearm, the government charged Griffith with possession of a firearm by a convicted felon. Griffith appealed to the United States Court of Appeals for the District of Columbia Circuit, arguing that the search warrant was invalid because there was no probable cause to believe he owned a cell phone.

Rule of Law

Issue

Holding and Reasoning (Srinivasan, J.)

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