Thanks
@Niner, I'll look tomorrow afternoon for update.
I did find something that has been added to the files since the last hearing. Oh dear, and it does seem that it may have some basis. They are wanting to exclude all information from his phone as they state warrants were not performed correctly nor phone obtained correctly. (He didn't have on his person when arrested, the police went back to Outback to get the phone..........without a search warrant for the phone).
Attached is a 3 page PDF and screenshots also.
Very concerning indeed if all his data from his phone is kicked... as that could potentially lead to more getting excluded if fruit from the poisonous tree so to speak.
A doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained. As the metaphor suggests, if the evidential "tree" is tainted, so is its "fruit." The doctrine was established in 1920 by the decision in Silverthorne Lumber Co........
Fruit of the Poisonous Tree
Motion to suppress all evidence seized during search of defendant's cell phone - Filed 9/28/2020
View attachment 270636
View attachment 270637
It's 2:30 am now, so I'll take a look tomorrow after I find the original document they are referring to and post it also, unless someone else does so or finds it earlier in the threads. And will of course check in at later times for when a prosecution response and ruling is made on such over the few weeks. I'll also check to see if any updates at the appeals court.
Good night, yet good morning to Niner lol.