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So Pattis likely could have successfully made the same argument with regard to fD’s phone, if he’d gone to trial, since even if it made sense to suspect him, at that point they hadn’t found any evidence that he was involved-they got the evidence after they took his phone, put it into airplane mode, and got the warrant. How did they subsequently get the warrant for MT’s phone?I think the problem with the state arguing exigent circumstances to seize and search MT's phone is the date they did this or 5/31/19. I think they could have obtained a warrant by this time so the Court made the right call here.
Previously, I assumed they seized MT's phone on the same date they took fD's phone which was on 5/25/19.
MOO