U.S. v. Moody

In prosecution on charge of conspiracy to distribute methamphetamine, Dist. Ct. did not commit plain error in admitting evidence contained in defendant’s cell phone that arresting officer obtained in 2007 without having first obtained search warrant. Police had independent source for said cell phone records where: (1) police had subpoenaed defendant’s cell phone records in 2009 after they had arrested defendant after they had observed him participate in a drug transaction; and (2) instant subpoena of cell phone records was within police’s normal course of proceedings under instant circumstances.