OK: Without a specific challenge to overbreadth, trial court errs in deciding it

Defendant moved to suppress his cell phone search for lack of probable cause. He did not challenge the scope of the warrant. Therefore, the district court erred in deciding that the search warrant was overbroad. “The District Court erred when it failed to require Appellee to allege and present evidence showing the invalidity of either the affidavit or the warrant before reviewing the validity of the search warrant. In the absence of the requisite challenge, the District Court was required to presume that both the affidavit and the search warrant were valid and legal in all respects.” State v. Wallace, 2019 OK CR 10, 2019 Okla. Crim. App. LEXIS 9 (May 24, 2019).

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