THEY CAME TO ARREST TEDDY.
THEY LEFT WITH HIS IPHONE.
AN ARREST DOESN'T LET POLICE SEARCH EVERYWHERE.
“Immediate control” means the area the arrested person could actually reach to grab a weapon or destroy evidence. That is the boundary that makes the distance of Teddy's phone important.
Teddy was already handcuffed and secured outside the residence. His iPhone was inside, approximately 20–30 feet away from him and completely outside his immediate control.
THAT IS WHY THE PHONE WAS OUTSIDE TEDDY'S REACH.
THE FBI CAN'T JUST WALK INTO YOUR HOME BECAUSE THEY WANT TO.
An arrest warrant for a person is not a general search warrant for everything inside that person's home.
And Teddy had another problem: the agents had never shown him any warrant at all. He repeatedly demanded to see one and was shown nothing. Teddy did not learn until later that an arrest warrant had existed.
TEDDY WAS STANDING OUTSIDE BAREFOOT.
An FBI agent said he would go inside to retrieve Teddy's shoes.
Teddy didn't consent. His wife didn't consent either. She separately told the agents they did not have permission to enter the residence.
TEDDY SAID NO.
HIS WIFE SAID NO.
AND HE DIDN'T COME BACK WITH JUST SHOES.
The agent entered the residence despite the express refusal. He went to where Teddy's property was located and seized Teddy's Apple iPhone and bank cards.
Now the number means something. Teddy couldn't reach the phone. He couldn't grab it. He couldn't destroy anything on it. He was outside, handcuffed and under the control of federal agents.
HANDCUFFED.
SECURED.
20–30 FEET AWAY.
OUTSIDE HIS REACH.
THE FBI'S OWN AGENT CONFIRMED THE CRITICAL FACTS.
Six days later, Special Agent Aaron Lee testified under oath. No search warrant existed for the home. Teddy had been arrested outside. The iPhone was not on Teddy and was not within his reach.
SO HOW WAS TAKING THE PHONE PART OF ARRESTING TEDDY?
The legal significance is the combination of facts, not any one fact by itself. Teddy was already secured outside. The phone was well outside his immediate control. No home search warrant had been shown. Teddy expressly refused entry. His wife expressly refused entry. Yet the FBI entered and took property from inside.
That is the question Agent Lee's testimony makes impossible to brush aside.
THIS ISN'T LEGAL POLICE WORK.
This is trespassing into someone's home while carrying a weapon and stealing their belongings.
BUT HE CHOSE TO BREAK THE LAW AND VIOLATE TEDDY'S RIGHTS. AGAIN.