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CA9: Consent to search a cell phone doesn't include answering it and impersonating defendant

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Consent to “look in” or “search” a cell phone does not include permission for the officer to answer the phone and pass himself off as the defendant. “An individual who gives consent to the search of his phone does not, without more, give consent to his impersonation by a government agent, nor does he give the agent permission to carry on conversations in which the agent participates in his name in the conduct of criminal activity.” Defendant also had standing in the cell phones because he was asked for them. United States v. Lopez-Cruz, 2013 U.S. App. LEXIS 18930 (9th Cir. September 12, 2013). Out-of-county vehicle with unfamiliar driver buying lye was not reasonable suspicion. State v. Taylor, 2013 Ohio 3906, 2013 Ohio App. LEXIS 4067 (9th Dist. September 11, 2013).*

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