DE: Trial court couldn’t decide PC where def didn’t raise it in motion to suppress; reconsideration granted; def has to frame the issues in the motion to suppress

At issue was a seizure and then search of defendant’s cell phone with a search warrant looking for an incriminating text message that was already seen by the police on the recipient’s cell phone. At the hearing, the Superior Court granted a motion to suppress based on lack of probable cause. The state moved to reconsider that defendant never put probable cause in issue. Granting the reconsideration, the state showed its probable cause, and the warrant for the cell phone text message was properly issued. It was defendant’s burden to frame the issue in the motion to suppress so the state knew what it was responding to. Barber v. State, 2016 Alas. App. LEXIS 206 (Dec. 16, 2016).