You do know the state denied the defenses attempt to bring in the phone data right? The judge approved that denial so the defense could not bring up those things the judge ruled could not be discussed. JG had her reasons I suppose? I should have stated I’m not talking about the phones that pinged at the bridge, and I do understand geofencing very well, I actually had to explain it to a lawyer learning about geofencing, and yes, I know from reading the court documents there were many, in fact several phones out at the high bridge that day as Cheyenne stated in court, she saw others out there as well. But what I am talking about are the phones on the LE map that were within 100ft of the actual crime scene. One of those phones belonged to a person mentioned by name in the those court pre-trial documents, and it was not cheyennes phone, nor her boyfriend’s phone nor even Ron Logan’s phone. So I don’t think I’m confused at all by having read that. But if you think I am, That’s ok. For those that do not know, geofencing is a warrantless search of all phones within a certain area and within a certain time. It brings up the phone numbers of all the phones in the search. Then LE must take that list of phone numbers and submit a subpoena for the owners of those phone, from this point LE further narrows down the list to a certain number of viable phones and then submits another subpoena for other private information about the owners of the phone and the private information retrieved off of those devices. This is why the Supreme Court has stated that geofencing warrants are not looked upon in a favorable light because they are basically a warrantless search of the government intrusion into your private data. Warrants are usually issued upon probable cause and you can articulate why there is probable cause (not just suspicion) for the Govt to specifically search you, and specifically for what, and they can articulate your alleged relationship to the crime in a way that it is reasonable to invade your space to search you and seize you and your property. The constitution is clear about warrants, even though everybody likes a good fishing expedition, lol.
I would have liked to know if the defense ever asked if the FBI had a Stingray device they were using that day, because the FBI was already in the area for another case when this happened. If they were using a stingray, ISP could have asked for it and provided it to the prosecution. Then the defense would have gotten it in discovery.
I guess we can agree to disagree on this particular case. I wouldn’t want to be the jury and find out after giving a verdict, about all the valid direct physical evidence that was left out of this case.