FL - Sarah Boone, 42, charged with murdering boyfriend Jorge Torres, 42, by leaving him locked in suitcase, Winter Park, Feb 2020

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I guess accessing her phone without a warrant may be wrong, but I think it's reasonable to confiscate the phone based on her explanation and eventually a warrant will be approved because she's a suspect. IMO

Wait....I am sure LE asked if they could search her phone and she said yes and handed it over. No Warrant necessary. Warrants are only necessary when a suspect refuses permission for searches:

Like "No, you can't search my car."

"No, you cannot search my house."

" No, you cannot search my purse. "

"But here is my phone, you can look at it, you can search it.."

I will look for when Sarah gives LE her phone which should prove that no Search Warrant was/is needed. Look, if LE took Sarah's phone without Sarah's permission then her phone could not be used as evidence before the jury.

Very likely the judge would throw the phone evidence out, thus, under these circumstances Sarah would probably have a chance to be found not guilty because it is the footage Sarah recorded that shows she did intend to let Jorge suffocate.

She says "It wasn't intentional" but her phone video shows she deliberately left Jorge in the suitcase and she even flipped the suitcase upside down with the zipper on the carpet, completely covering the zipper.

2 Cents
 
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Wait....I am sure LE asked if they could search her phone and she said yes and handed it over. No Warrant necessary. Warrants are only necessary when a suspect refuses permission for searches:

Like "No, you can't search my car."

"No, you cannot search my house."

" No, you cannot search my purse. "

"But here is my phone, you can look at it, you can search it.."

I will look for where she gives them her phone which should prove that no Search Warrant was/is needed. Look, if LE took Sarah's phone without Sarah's permission then her phone could not be used as evidence before the jury.

Very likely the judge would throw the phone evidence out. Thus, Sarah would probably have a chance to be found not guilty because it is the footage Sarah recorded that shows she did intend to let Jorge suffocate. She says "It wasn't intentional but her phone video shows she deliberately left Jorge in the suitcase and she even flipped the suitcase upside down with the zipper on the carpet, completely covering the zipper.

2 Cents

I think if the phone search wasn't done properly (either with Sarah's permission or with a search warrant), we would have heard about that by now from Owens. He's not asking to suppress anything to do with Sarah's phone. Just the 2 hour interrogation video (and possibly verbal statements Sarah made to another officer on the scene).

Editing to add (BBM): "After allowing investigators to search her phone, Boone drove herself to the sheriff’s office on Feb. 25, 2020, for a follow-up interview, during which she was shown one of two noteworthy videos found on the device."

 
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Iirc, SB voluntarily handed her phone over to LE. This allowed LE access to her phone w/o having to get a search warrant. jmo As indicated by @Cool Cats.

In addition, it isn't advisable to hand over your phone to LE, if asked for your driver's license and you have conveniently uploaded your DL to either (not all states have this option) Apple Wallet or Google Wallet, it is much better to physically hand over the DL. just saying... moo
 

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