CT: When challenging a SW affidavit’s PC, it needs to be in the record for appellate review

“The record was inadequate to review the defendant’s unpreserved claim that the search warrant for M’s cell phone records and the warrant for his arrest were obtained without probable cause because the police included false information in the affidavits in support of the issuance of those warrants, as the defendant did not challenge the sufficiency of the affidavits to support the warrants at trial, neither affidavit was entered into evidence or placed on the record, and, thus, there was no way to determine what information was included in the challenged affidavits or to evaluate the defendant’s claim; moreover, even if the record was adequate to review the claim, it nevertheless failed and lacked merit, as the defendant had no standing to assert his claim because he did not have a reasonable expectation of privacy in M’s cell phone records, and an illegal arrest does not void a subsequent conviction.” (Syllabus by the court) State v. Bethea, 2019 Conn. App. LEXIS 20 (Jan. 15, 2019).

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