WA: Reversal for unreasonable search of cell phone was required, not dismissal

The court of appeals erred in dismissing defendant’s case rather than reversing for a new trial after cell phone evidence was suppressed. There was other untainted evidence the state could use to try to convict on a retrial. State v. McKee, 2019 Wash. LEXIS 269 (Apr. 18, 2019), rev’g 3 Wn. App. 2d 11, 413 P.3d 1049 (2018).

Defendant was alleged to run a tax fraud business from his home. The affidavit for search warrant effectively provided for an “all persons” warrant of those found there as potentially being involved. State v. Shoults, 2019-Ohio-1400, 2019 Ohio App. LEXIS 1497 (12th Dist. Apr. 15, 2019).*

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