US v. Henderson: In 2018 police pulled over Langley for “erratic driving.” A search of the vehicle uncovered some meth, “distribution paraphernalia, and the firearm” and police were told (by Langley and her passengers) that there was more meth at Langley’s home, where her “out-of-state methamphetamine supplier was currently staying” and armed with a firearm. Police obtained a warrant to search the home, including any digital devices, including phones, on the assertion that items related to drug distribution “may be stored in digital media.”
The search of the home uncovered drugs, paraphernalia, and a firearm – as well as Henderson, who “was there alone.” Two phones belonging to Henderson were also seized, which uncovered “text messages suggesting of drug dealing,” along with photos of cash and drugs. Henderson was charged with drug and firearm offenses as a result. After he unsuccessfully moved to suppress the data from the phones, he was convicted on the drug offenses, but acquitted on the firearm offenses. He was sentenced to 240 months in prison.
On appeal, the Fourth Circuit affirmed Henderson’s convictions and sentence. As to the phone search, the court rejected Henderson’s argument that the good-faith exception should not apply, concluding the “affidavit here was not so lacking in indica of probable cause as to prevent the officers from relying on the warrant to search Henderson’s phones.” The court also rejected Henderson’s argument that the jury should have been instructed that a buy-sell agreement was not enough to prove conspiracy, noting that it was “contrary to longstanding Fourth Circuit precedent, given that the evidence in this case showed Henderson brought Langley methamphetamine in excess of a user amount.”
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