RI: Cell phone SW aff omission of reference to 300 other text messages to and from others wasn’t material for Franks

Omission of the fact that there were 300 text messages from the affidavit for search warrant between defendant’s text to victim and acquiring the phone was not material for probable cause purposes. Omission of references to others wasn’t material: “Although Det. Michael’s decision to reference only defendant’s communications with Masi in the affidavit was certainly intentional, his choice to exclude other individuals who also communicated with Masi on March 31 does not take away from the probable cause evident in the May 4 affidavit—that, taking the affidavit as a whole, there was probable cause to search defendant’s cell phone.” The police witnesses to the arrest had differing accounts, and the trial judge made credibility determinations among them which are not clearly erroneous. State v. Tejeda, 2017 R.I. LEXIS 106 (Nov. 8, 2017).

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