arkansasmimi
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12/15/2016
02:18 PM APPELLEE'S BRIEF STATE OF ARKANSAS,
Entry: Appellee's Brief Cross Appellant's Brief
Images Appellee's Brief Cross Aplt's
States Argument bottom page 32/99 and top of 33/99 ]https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=DACDD2C323D0D80D15D3723474F6BC9545BC22D75BCAEB0442CADD8CB013CACF2F6CA1B27F1760C5CA7DFEA1E29FCDC9A3C388B247FA7452ADE8F3EBF1F4F0C1&i_url=https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS
Carter was reported missing by her husband on September 25, 2014. (R.537-38). When she did not return home late that evening from showing a house in Scott, he became concerned, drove there, and found her locked vehicle in the driveway with her purse inside. (R. 538). Carter’s phone records showed that she had been in frequent contact with a number not assigned to a contact in her phone. That number was a “spoof number” created by the Google application “Text Me.” (Ab. 2-3; R. 540-42, 548-49). Using a prosecutor’s subpoena, officers tied the Text Me account to Appellant’s wife, Crystal Lowery. (Ab. 3; R. 549, 582).
The PCSO began surveillance on Lowery’s residence. (Ab. 4-5; R. 557-58). On September 28, 2014, Lieutenant Mark Swaggerty observed a man later identified as Appellant leave the residence in a black car. (Ab. 5, 218; R. 558, 560,
1679). Because Appellant and his vehicle matched the descriptions of a man and vehicle seen at the house in Scott the day Carter went missing, Swaggerty followed him. (R. 558-59). Minutes later, Swaggerty saw Appellant’s car wrecked, and
Appellant climbing out of it. https://contexte.aoc.arkansas.gov/i.../contexte.aoc.arkansas.gov/imaging/IMAGES/DMS
Also Judge Wright 12/9/15 Order page 459 & 460/558 of the Def Appeal as an exhibit
The Defendant seeks to have this Court suppress any evidence obtained by subpoenas issued in this case to phone and IT companies. Investigator Jeff Allison of the Pulaski County Sheriff s Department - Criminal Investigative Division testified at the omnibus hearing that, after the disappearance of Beverly Carter had been reported, they made an exigent circumstance
request to AT&T to procure her cell phone and SMS data records. Once they had access to those records, they noticed that the victim had recently been in frequent contact - both phone calls and text messages - with a phone number with a New York area code. Having access to the victim's Apple iCloud account, they noticed that this phone number was one of the few in her call history not identified with a known associate. The investigators discovered that this same phone number was written on an envelope in the victim's car. one of the investigators called the number and discovered it was "spoof number" associated with a Google app called TextMe. They then, with the aid of prosecutors, made an exigent circumstances request to Google to obtain the call log of the TextMe number. They were able to thereby determine that the phone number was created by an account of the Defendant's wife, Crystal Lowery' The Defendant has alleged that the information received by the investigators in this
manner should be suppressed as an oveffeach of the prosecutor's subpoena power. The Defense is right that the prosecutor has no power to issue subpoenas in a criminal investigation. The Court, however, need not decide whether this alleged overreach was illegal. Because even assuming arguendo that the prosecutors improperly allowed the use of their subpoena to aid the police investigation, the Defendant has no standing to challenge these subpoenas, and suppression would not be the proper remedy.
https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=B8D450CB6DE496A941E75FE9269EB73F0BB6DFF457694D7986EDF49E51CD721AA21F1F440EF354B1B28F6F91625FA190DB58B35ABC003F35DE57A8B1C5F3FCDF&i_url=https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS
The States Response doesn't match up with what was testified to in Hearings. Should be interesting because there was testimony that said Pros Subpoenas were used and the Google SW had to be added to the Record during the Appeal process. We have not seen that document.
Also Judge Wright 12/9/15 Order page 459 & 460/558 of the Def Appeal as an exhibit
The Defendant seeks to have this Court suppress any evidence obtained by subpoenas issued in this case to phone and IT companies. Investigator Jeff Allison of the Pulaski County Sheriff s Department - Criminal Investigative Division testified at the omnibus hearing that, after the disappearance of Beverly Carter had been reported, they made an exigent circumstance
request to AT&T to procure her cell phone and SMS data records. Once they had access to those records, they noticed that the victim had recently been in frequent contact - both phone calls and text messages - with a phone number with a New York area code. Having access to the victim's Apple iCloud account, they noticed that this phone number was one of the few in her call history not identified with a known associate. The investigators discovered that this same phone number was written on an envelope in the victim's car. one of the investigators called the number and discovered it was "spoof number" associated with a Google app called TextMe. They then, with the aid of prosecutors, made an exigent circumstances request to Google to obtain the call log of the TextMe number. They were able to thereby determine that the phone number was created by an account of the Defendant's wife, Crystal Lowery' The Defendant has alleged that the information received by the investigators in this
manner should be suppressed as an overreach of the prosecutor's subpoena power. The Defense is right that the prosecutor has no power to issue subpoenas in a criminal investigation. The Court, however, need not decide whether this alleged overreach was illegal. Because even assuming arguendo that the prosecutors improperly allowed the use of their subpoena to aid the police investigation, the Defendant has no standing to challenge these subpoenas, and suppression would not be the proper remedy
https://contexte.aoc.arkansas.gov/i...D=B8D450CB6DE496A941E75FE9269EB73F0BB6DFF4576 94D7986EDF49E51CD721AA21F1F440EF354B1B28F6F91625FA 190DB58B35ABC003F35DE57A8B1C5F3FCDF&i_url=https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS