IA: An exchange of texts between def and deceased justified search of cell phone; computer search also justified

Only the information in the search warrant application can be considered on the question of whether there was probable cause for its issuance. In this murder case, the absence of evidence in defendant’s car led to an inference it could be in defendant’s home. Similarly, there was an inference that evidence would be found on defendant’s computers. During the search of his house, computers and electronic devices were seen but not listed in the search warrant. Officers got a warrant for them, too [as they should have], based on a Kindle being seen where defendant’s car was wrecked with the area of the finding of the body visibly typed into the search box. “The judge made a reasonable, common-sense inference Moffitt’s home might contain computers or other electronic devices containing information relevant to the homicide. ‘[W]e draw all reasonable inferences to support the judge’s finding of probable cause and give great deference to the judge’s finding.’ Gogg, 561 N.W.2d at 364 (citations omitted).” The police also knew that there was a text exchange between him and the deceased justifying a search of cell phones. State v. Moffitt, 2017 Iowa App. LEXIS 4 (Jan. 11, 2017).