From Judge Staley 's ruling on January 26, 2016, denying the defense's Motion to Suppress (evidence from RH's cell phone and computers on the basis it was illegally obtained).
1. RH's cell phone. The DT asserted that LE had improperly seized RH's (warrantless seizure) at the scene. Staley ruled (greatly simplifying the legal arguments) that LE had the right to seize his phone after he had been detained (note-- IMO, that explains why he was detained).
ETA: Staley relied upon Piper's testimony in asserting that RH's response to Piper was chargeable as the misdemeanor of obstructing an officer (though Piper did not make that charge), and thus Piper was justified in seizing his phone as "the instrumentality" of that crime.
2. The DT asserted LE had improperly searched RH's phone before obtaining a search warrant and that the search warrants applied for were in part based on that illegal search. Fruits of the poisonous tree.
Staley ruled that LE's search of the phone before obtaining a warrant- a fact LE conceded to be true- was not in fact illegal. The reasoning she gave was that LE asked RH for the password to his phone (after he had been cuffed and detained, then taken to the station for questioning) and he complied by providing it.
Staley wrote that RH "must have known" that LE would use the password to access/search his phone, and that giving LE the password "implied his consent" to have the phone searched.
2. LE's mistatements/misrepresentations on the search warrants. Staley provided references to GA statutes and citations of GA appellate court rulings to support her ruling that (in essence) it doesn't matter if LE misrepresentated facts, or even if they flat out lied, if the "totality" of what they swore to in the affadavits made an adequate case for probable cause. She found that LE had sufficiently made their case.
(ArkansasMimi-- Staley 's ruling has the complete tick tock , including dates, of LE's computer searches. My source for court rulings, defense/state motions, and a daily summary of trial testimony is the Beth Karas on Crime website. FYI, it's a subcription site, if you're not familiar).
1. RH's cell phone. The DT asserted that LE had improperly seized RH's (warrantless seizure) at the scene. Staley ruled (greatly simplifying the legal arguments) that LE had the right to seize his phone after he had been detained (note-- IMO, that explains why he was detained).
ETA: Staley relied upon Piper's testimony in asserting that RH's response to Piper was chargeable as the misdemeanor of obstructing an officer (though Piper did not make that charge), and thus Piper was justified in seizing his phone as "the instrumentality" of that crime.
2. The DT asserted LE had improperly searched RH's phone before obtaining a search warrant and that the search warrants applied for were in part based on that illegal search. Fruits of the poisonous tree.
Staley ruled that LE's search of the phone before obtaining a warrant- a fact LE conceded to be true- was not in fact illegal. The reasoning she gave was that LE asked RH for the password to his phone (after he had been cuffed and detained, then taken to the station for questioning) and he complied by providing it.
Staley wrote that RH "must have known" that LE would use the password to access/search his phone, and that giving LE the password "implied his consent" to have the phone searched.
2. LE's mistatements/misrepresentations on the search warrants. Staley provided references to GA statutes and citations of GA appellate court rulings to support her ruling that (in essence) it doesn't matter if LE misrepresentated facts, or even if they flat out lied, if the "totality" of what they swore to in the affadavits made an adequate case for probable cause. She found that LE had sufficiently made their case.
(ArkansasMimi-- Staley 's ruling has the complete tick tock , including dates, of LE's computer searches. My source for court rulings, defense/state motions, and a daily summary of trial testimony is the Beth Karas on Crime website. FYI, it's a subcription site, if you're not familiar).
