Published on: Friday, July 5, 2024
U.S. marshals arrest drug suspect in Maryland hotel room. Without a warrant, they search a cellphone that was sitting out on a table and discover incriminating text messages. Fourth Amendment violation? Fourth Circuit: Yes, the defendant was already handcuffed and not within reaching distance of the cellphone. But harmless error because other evidence was sufficient to convict. Conviction affirmed.
The case is United States v. Horsley, No. 22-4671 (4th Cir. 2024).