GA: No standing in the cell phone of one’s murder victim taken at the time of the crime

In a form of “wrongful presence,” defendant took the cell phones of his murder victims. He has no standing to challenge the obtaining of the call records of those phones that helped link defendant to the crimes. Marchman v. State, 2016 Ga. LEXIS 421 (June 20, 2016).

Defendant’s nervousness was of limited significance in establishing the presence of reasonable suspicion. His lawful, albeit unusual, travel itinerary and his presence on the interstate, a drug-trafficking corridor, were also not enough to establish reasonable suspicion. The only fact linking drug activity to defendant was that he was driving on the same road others have used to transport drugs, and the officer’s suspicion that defendant’s route from Oregon to Nebraska was somehow related to drug activity was nothing more than a hunch. State v. Kelley, 2016 Ida. App. LEXIS 70 (June 16, 2016).*