GA: Cell phone search for evidence of “planning or premeditation to commit murder” or participation was not overbroad

Defendant was accused of being called to come and aid cousins in a fight, and a murder occurred. The police found five cell phones at the scene and seized them. A search warrant was issued for the cell phones for evidence of premeditation or participation: “In this case, the issuing magistrate granted the State’s application for a warrant to search five cell phones, including appellant’s, for specific information contained therein ‘that would indicate the planning or premeditation to commit murder, and or any indication of participation in said crime.’ See Reaves v. State, 284 Ga. 181, 184 (2) (d) (664 SE2d 211) (2008) (warrants containing residual clauses limiting the items to be seized to those relevant to the crimes identified are sufficiently particular and do not authorize a general search in violation of the Fourth Amendment).” This was sufficiently particular. Also, this was raised in an IAC claim, not a direct appeal, and this was not a “strong showing that a motion to suppress the evidence obtained from his cell phone based on a lack of probable cause would have been granted.” Thus, the search motion was meritless. Smith v. State, 2015 Ga. LEXIS 184 (March 16, 2015).