waldojabba
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So I am finding this confusing - ianalHere's the judges decision on excluding her phone. He mentions that the state did get a warrant for her records on May 27
As per the judges decision posted by @Gardenista
- May 27th 2019 there was a warrant to search the defendants phone records
- However.. there was no warrant for search and seizure of the defendants cell phone as of May 31 2019
The state argued exigent circumstances ( which lets you bypass the warrant) when they took the phone but the judge sided with the defense and ruled to suppress 12/23 - the warrantless seizure of the defendants cell phone.
So what info does this motion actually suppress ? You had a warrant for the cell phone records - what else do you get from the phone that the carrier cannot share with you. Motion information from the Health App?
Or does the suppression of the seizure the cell phone mean the state cannot use anything gained from her cell phone?
Also per the articel posted by @BUF above :
While the above motion by the D was pending, the Western District Major Crime Squad filed on Oct 2 2023 a new search warrant for any and all info starting on March 20 1019 regarding the Defendants cell phone records.
Per Schoenhorn ( eyeroll ) :
“The use of these AT&T records by the state at trial at the eleventh hour is the fruit of the unlawful prior seizure obtained as a result of the defective 2019 warrant,” Schoenhorn wrote. “Through information and belief, said records (would] no longer be available through AT&T had they not been retained pursuant to the prior unlawful seizure.”
Schoenhorn also wrote that the second application “falsely represented” to the judge that it had not been presented in any other court or to any other judge in the past “when they knew full well that they were in possession of these records when it was obtained in May 2019 under the prior defective search warrant.”
If a new search warrant was filed, I guess the old search warrant was deemed inadmissable - but then can you
refile essentially for the same thing?
It should be clear tomorrow morning when the judge rules and parses it all out for us.
There must be some important info in those records IMO
All IMO
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